In December 2009 the California labor law prevailed in a retaliation lawsuit filed in 2005 against real estate developers. The court awarded $232,435 to a former employee of the developers, sending a clear message to California employers that employees are protected under the labor code and that anti-retaliation provisions will be enforced.
Retaliation cases range from whistleblower, discrimination and sexual harassment to wrongful termination and hostile work environment complaints.Fear of retaliation is widespread, particularly in this economic climate. Many workers find themselves working longer hours without overtime compensation, afraid that they'll lose their jobs if they dispute wages and hours. Some who do complain to their manager or supervisor are told to "like it or leave it."
Employment cases are stronger if you make a proper and effective complaint. Such was the case with Jacqueline M. Fabe, who worked as an in-house attorney for the real estate developers and resigned after 22 days. When she didn't receive her wages, she filed a claim against the company. Instead of resolving her claim, the company's manager filed a frivolous malpractice lawsuit against Fabe. In return, she filed a retaliation suit.
Fabe filed a complaint with the California Labor Commissioner in May 2005 seeking unpaid wages in the amount of $4,000 plus interest and penalties totaling $12,824. The Division of Labor Standards Enforcement (Labor Commissioner's office) sent out a Notice of Claim and Conference to all parties four months later.
On Oct 25, 2005 the developers filed a complaint against Fabe for breach of contract, breach of the covenant of good faith and fair dealing, fraud and legal malpractice / negligence. The company's managing partner then served Fabe with the complaint at the Labor Commissioner hearing.
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In 1998, the California Supreme Court ruled that individual managers and supervisors cannot be held personally liable for retaliation. However, the California Fair Employment and Housing Act says that it is unlawful for "any employer, labor organization, employment agency or person'' to engage in retaliation. If you have a retaliation complaint, you should first talk with an employment lawyer. It is hard to make a proper and effective complaint without taking advantage of certain legal doctrines available to you in contract-related litigation information that an employment lawyer understands and can help you with.