Unlawful retaliation occurs when an employer takes an adverse action against an employee who engaged in protected conduct. The employer's unlawful action may include termination of employment, threat of termination of employment, demotion, suspension, or in some circumstances refusal of employment.
A common form of unlawful retaliation occurs when an employee makes a complaint for unpaid overtime or files employment discrimination charges. Where an employee is terminated for taking such action, the employee may be entitled to not only the unpaid overtime or discrimination damages, but also the lost wages and benefits that resulted from the unlawful retaliation.
Perhaps the kinds of retaliation that receive the most coverage in the media are whistle blower cases. These are cases where an employee has either reported an employer for engaging in illegal and often harmful conduct, or has refused to participate in such conduct. The law protects whistle blowers from being retaliated against, and also provides for substantial penalty payments.
Mr. Velarde may be able to handle your retaliation claim on a contingency fee basis, meaning that we receive no attorneys' fees unless we are successful in recovering compensation for you.