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Retaliation Against Santa Clara County Employees 

11/3/2014

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retaliation against Santa Clara employees
Retaliation in Santa Clara County government offices and hospitals is as common as it is in many others private and public employers. The are two common reasons for retaliation that seems to be in play over and over: 

1.  The tension between Latin workers and workers of other races. When Latin workers are a majority in the office or at a particular department, workers of other ethnicity are more likely to complain about experiencing discrimination and favoritism toward Spanish speaking employees.  When Latin workers are a minority, they are the ones who are more likely to complain about being discriminated. Either way, this leads to filing complaints and subsequent retaliation issues.   

2. The second common reason for retaliation is the budget pressure that many offices in San Jose and Santa Clara County experience. A supervisor or head of the department that's already struggling with shortage of funds is more likely to be frustrated if its employee files a workers comp claim or goes on disability/medical leave. As a result, that manager is more likely to suspect that the employee is faking or exaggerating his injury or medical condition and retaliate against him, by as subtly as starting to scrutinize his work, micromanage him, to more significant steps such as issuing unfairly negative performance reviews and writing that employee up, or even worse - suspending or terminating that employee.   

If you believe you experience retaliation at work, it can be critically important for you to take certain steps before you are suspended or terminated in order to either protect your job or enhance your future wrongful termination claim, if and when you wish to pursue it. An experienced employment attorney can help you gather all the evidence that will be necessary to prove your claim and help you in court, in arbitration of a union grievance, if you are a member of the union, in pursuing your workers comp claim or in any other administrative forum and hearing. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
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    • Effective Mediator
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    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case