Retaliation Discrimination Complaint Defense Lawyer

What occurs in a discrimination complaint lawsuit?

Employers may not be aware that a lawsuit concerning a discrimination complaint or retaliation complaint also qualifies as a civil action. Typically, when we consider the matter of civil action cases, we think of people filing lawsuits related to injury, contract breaches, or property damage. That said, we think also about cases involving adoption, divorce disputes, or other family matters. Such examples are considered civil actions and generally involve a single party suing another in an attempt to get monetary damages.

That said, an employment discrimination complaint or retaliation complaint is also a type of civil action. Usually, in cases involving employment retaliation complaints, the goal of the plaintiff is to get money, damages, or compensation as payment for the defendant’s injurious or offensive actions. Thus, when a company discriminates against an employee and the worker suffers mentally or physically, loses money, or loses their position, the employer’s offense counts as a civil action.

Our defense attorneys for employers observe that ninety percent of discrimination complaints and retaliation complaints reach a settlement outside the courtroom, though a few go on to trial. According to the Equal Employment Opportunity Commission, the typical discrimination settlement is about $40,000. However, every situation is unique, and it can be hard to assign an average or estimate numbers.

It is also hard to predict how long an employment discrimination case will last. Certain cases can be decided in around 4 months or so, though others can last as long as four or five years. This potentially long process can be frustrating for employees who feel they are innocent and are seeking damages and a return to normalcy and their jobs. That said, workers who file a lawsuit against their company for discrimination should be cautious not to accept the first offer of settlement. This is especially so if they or their attorney feels it is not acceptable.

It is important that an employer facing a lawsuit from an employee hires an experienced employer law attorney to represent their interests.

Do employment discrimination complaints have a burden of proof?

In discrimination complaints or retaliation complaints, the burden of proof is dependent on the plaintiff. According to this responsibility, the individual who accuses their employer of discrimination must convincingly demonstrate to the court that offensive actions or behavior happened.

There is no pressure on the defendant in civil cases. In these situations, the plaintiff has the burden of proof. Thus, the defendant may not even have a defense, and they may get off scot-free. If the plaintiff does not show evidence of what occurred, they lose the case. Typically, the defense, with the help of a defense attorney for employers, makes it their strategy to cast doubt on the claims of a plaintiff. In some cases, this is all a defendant has to do to win the case.

Employees who file lawsuits against their companies over a discrimination complaint or retaliation complaint have to understand that it is on them to prove the case. Further, workers sometimes file lawsuits based on falsehoods. They might also sue their supervisors or managers for other disguised reasons. It is therefore important for employers, when facing a discrimination suit, to understand the burden of proof principle. They should also be sure to hire a defense attorney for employers.

In the end, this principle suggests that entities or individuals who are accused of discrimination are regarded as innocent until proven guilty. It rests upon the plaintiff and the prosecutor to prove that the business or person is guilty of wrongdoing. It is not necessary for the accused to show or illustrate anything, though they should without question seek the assistance of a defense attorney for employers.

As an example, let’s consider a worker at a marketing firm who endures discrimination from their supervisor. The employee is convinced that the supervisor refuses to give her a promotion based on the color of her skin. She believes this since she is much more experienced than other individuals in the office and is overqualified for the position. The worker also has a coworker who offers to testify that they overheard the supervisor referring to the employee with discriminatory language.

Though it may seem obvious that the inevitable decision will go in favor of the worker, the accused supervisor remains innocent until proven guilty. Thus, the plaintiff and employee has the responsibility of demonstrating the supervisor’s guilt.

What is the retaliation complaint statute of limitations in California?

In California, an individual must file a retaliation complaint or discrimination complaint with the DLSE in accordance with specific time limits. Most of the IWC Orders and Labor Code sections demand that the retaliation complaint or discrimination complaint be submitted no later than sixth months from when the retaliatory or discriminatory acts occurred. That said, some sections of the Labor Code offer longer time periods to submit a retaliation complaint or discrimination complaint.

According to sections 230.1 and 230(c) of the Labor Code, workers who are domestic violence victims are allowed to take a break from work to get relief or help. They have one year from when the incident happened to submit a complaint about the violation.

Further, under section 1197.5 of the Labor Code, which covers wage discrimination on the basis of sex, an individual has two years to submit a complaint.

That said, when a worker is retaliated against or discriminated against because they reported licensing law violations concerning childcare facilities, as described under Section 1596.881 of the Health and Safety Code, they have a maximum of 90 days after the action to file a complaint.

What happens after a worker complains about their employer?

Upon submitting the retaliation complaint or discrimination complaint, an investigator specializing in discrimination cases from the Labor Commissioner’s office will reach out to the employee. This investigator will conduct interviews with the worker, the employer, and any potential witnesses possessing pertinent information about the case.

Subsequently, the investigator will compile a detailed written report, which will then be submitted to the labor commissioner for thorough examination. Based on the facts presented in the report, the labor commissioner will render a decision regarding the complaint.

Hearing with Labor Commissioner

If deemed necessary by the labor commissioner to gather additional information, a hearing may be convened before a DLSE Hearing Officer. Both the employee and employer will be notified by writing and will receive a summary of the facts, at least five days prior to the scheduled hearing. While this hearing is informal in nature, all involved parties have the ability to have witnesses and pertinent documents that back up the facts presented in the written report. In addition, they may have legal representation, union representatives, or other chosen individuals present during the hearing. The officer at the hearing will provide the labor commissioner with a “Findings of Fact and Conclusion” no later than seven days following the hearing.

If the case proceeds to a hearing, an employer should hire an experienced defense attorney for employers to represent their interests.

Complaint Dismissal and Employee Appeal

Should the labor commissioner dismiss the complaint following an investigation, the employee retains the right to initiate a separate suit against the employer in a private court. Furthermore, an employee who brings retaliation or discrimination complaints related to actions falling under federal OSHA regulations has the option to submit a complaint to the federal OSHA agency. The complaint may be submitted concurrently with the State Labor Commissioner’s complaint. However, it is imperative for employees to file with federal OSHA no later than 30 days after the adverse action took place.

Damages and Remedy

Within the retaliation/anti-discrimination statutes, the available remedy is commonly referred to as a “make whole” remedy. This encompasses various measures, including but not limited to: employment reinstatement, demotion reversal, , reinstatement of benefits, payment of back wage, removal of any adverse memos or letters from personnel files, the posting of a notice in the workplace, and issuance of a cease and desist order.

To ensure that any damages are fair, an employer should seek the help of a defense attorney for employers.