Do I have a case of retaliation against my employer?

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Do I have a case of retaliation against my employer?

I filed a claim for lost wages and withholding wages against my employer. I settled for an amount at the commissioner’s office. Then, the next day, I received a certified later of an invoice for services I

didn’t receive from my employer. The fee they are charging me was sent out by someone in their office and they did it right at the time are meeting started…post retaliation is how I feel because I have the tracking from the post office.

Asked on May 15, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the facts. The circumstances you describe suggest retaliation: that's why they advised you to fill out a retaliation form. But it is not impossible that it was an administrative error: e.g. mixing your name/file up with someone else. They will have a chance to present evidence that this is unrelated to your wage claim; if they can, they will not be liable, but if they cannot present credible evidence of an unrelated reason, then yes--this is may well be illegal  retaliation.


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