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Schimmel & Parks, APLC - Litigation
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What are settlements and determinations for employer retaliation?

When California employees are subjected to workplace violations, they undoubtedly understand that they have the right to file a claim to be compensated for it. Still, they might not be completely aware of how the case will be settled or decided upon. Facing employer retaliation can make it difficult to move forward at the workplace. It can have a negative impact on every aspect of a person's working life and their personal life. Knowing how to file and why to file are the basics. The possibility of a settlement offer and what determinations the Labor Commissioner's Office can make is also key. Having legal help from the start is vital to a successful case.

Many employers who are dealing with credible allegations of workplace retaliation due to mistreatment of an employee because of race, ancestry, religion, age, disability, gender and more will prefer to settle the case than allow the Labor Commissioner's Office to make the determination. With a settlement, the claim will be resolved in a manner that the victim and the victim's legal representative deem to be fair. The complaint will be resolved with a payment or other compensatory acts. The settlement can be negotiated and completed at any time. If there is no settlement, the case will continue.

When the Labor Commissioner's Office makes its determination, the complainant will receive it in the mail. If there is a finding that employer retaliation happened, the employer can be ordered to do the following: pay lost wages; pay penalties for each instance in which a violation occurred; reinstate the employee at the position he or she had before; remove negative references in the worker's personnel file; stop retaliating; and post a notice at the workplace that informs other employees about the basics of retaliation and their rights.

The employer will be given 30 days to comply with the determination. Failure to do so without a settlement might spur a lawsuit to enforce the decision. With that, there can be penalties, the order to provide the worker with back pay and more. If the case is dismissed, the employee can appeal it or file a private lawsuit.

Although employee rights are being treated with greater urgency today and employees are increasingly compelled to treat workers fairly and within the law, employer retaliation continues to happen at a troubling rate. Those who have been mistreated this way should know about all the aspects of a complaint and how it can be resolved. A law firm that understands employee rights can help with an employer retaliation case from start to end.

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