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Home » Blog » The cost of workplace retaliation for employers

The cost of workplace retaliation for employers

Posted on August 9, 2017 | By Omid Nosrati | Firm News,Retaliation

Acts of workplace retaliation can not only affect work environments, but also careers. Victims of these hostile acts have recourse in the form of lawsuits against the company that allowed the illegal tactics to continue.

When it comes to plaintiff employees alleging workplace retaliation in trials, jurors can relate more to the employees. In numerous cases, that level of empathy could result in ruling against employers and their acts of retribution.

Employers and their attorneys understand these tendencies and the stakes involved in workplace retaliation claims that involve:

  • FMLA retaliation
  • Retaliation for medical leave
  • Retaliation for whistleblowing
  • Retaliation for reporting harassment and reporting discrimination

Adverse decisions not only damage their reputations, but also affect their bottom lines.

In addition to slight advantages plaintiffs enjoy, lawsuit verdicts have awarded significant financial damages to employees. A recent decision by the Fair Labor Standards Act (FLSA) to add emotional distress damages could significantly increase the “price tag” employers will face in lawsuits alleging retaliatory acts.

In addition to that FLSA ruling, the traditionally pro-business 5th Circuit Court of Appeals joined the 6th and 7th circuits to hold that emotional distress damages without caps can be part of FLSA retaliation claims.

Employers continue to fine-tune their proactive strategies in preventing these costly claims. Many workplaces are ramping up anti-retaliation training to put a stop to these practices before they even start.

Yet, in spite of those efforts, employees continue to be victimized by vengeful employers for doing the right thing or taking the time necessary to attend to important issues.

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About the Author
Omid Nosrati

Mr. Nosrati been selected as one of the Top 100 Labor and Employment lawyers in the State of California for 2016, 2017, and 2018 by The American Society of Legal Advocates (ASLA). He has a “Superb” (10 out of 10) rating on Avvo and a 4.9 out of 5.0 Peer Rating from other lawyers on Martindale Hubbell. Omid Nosrati is also a member of the respected California Employment Lawyers Association, Los Angeles County Bar Association, and Santa Monica Bar Association. He is a firm believer in education, loves to read about technology trends in the legal field and leverages his firm’s technological strengths to benefit each of his firm’s clients.