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California law and the FEHA also allow for the imposition of punitive damages [9] [10] when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
Workplace revenge, or workplace retaliation, refers to the general action of purposeful retaliation within the workplace.Retaliation often involves a power imbalance; the retaliator is usually someone with more power in the workplace than the victim, and retaliation may be done to silence the victim so the retaliator can avoid accountability for workplace bullying, workplace harassment, or ...
The plaintiffs may have a stronger argument in their assertion that California's law governing employer rights in unionization cases is preempted by federal law, namely the 1935 National Labor ...
Likewise, a hostile work environment can be considered the "adverse employment action" that is an element of a whistleblower claim or a reprisal (retaliation) claim under a civil rights statute. When an employee claims that a hostile work environment is an adverse employment action, the legal analysis is similar to the burdens of proof ...
Temporary farmworkers will have more legal protections against employer retaliation, unsafe working conditions, illegal recruitment practices and other abuses under a Labor Department rule ...
The Statesman spoke with 17 former and current employees who described a pattern of retaliation that they said jeopardized public health services.
Garcetti v. Ceballos, 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant.
When Gov. Gavin Newsom signed Senate Bill 365, he opened a new front in a complex, decades-long political and legal war between employers and unions.