Employers know that retaliating against an employee for reporting a violation of their workplace rights, taking a leave of absence or reporting fraud is illegal. Unfortunately, some employers ignore state and federal laws and often find ways to fire, lay off, demote or engage in disparate treatment out of retaliation.
Types of Retaliation
Complaints about Discrimination
You have the right to report harassment or discrimination in violation of the federal Civil Rights Act, the Americans with Disabilities Act (ADA), and the California Fair Employment and Housing Act (FEHA). If you complain about unequal or harassing treatment based on sex, race, religion, sexual orientation, national origin, ethnicity, disability or age; your employer cannot take an adverse employment action against you. We can help you fight back if you think you have been retaliated against.
Under provisions of the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), employers may not deny or interfere with medical leave following the birth or adoption of a child. They are also prohibited from altering terms of employment, demoting or discharging an employee while on medical leave or other authorized leave of absence.
If your employer is engaging in illegal conduct and you complain about that conduct, you are a whistleblower. If your employer treats you in a negative way because of your complaint, the California Labor Code protects you.
False Claims Act
Under state and federal law, an employer cannot retaliate against an employee for reporting possible employer fraud relating to a municipal, state, or federal contracts. Even if the employee is mistaken, but made the report in good faith, the employer may not act in any retaliatory manner.
If you believe your employer has retaliated against you, contact us today. Our employment attorneys based in Oakland and San Anselmo protect Bay Area employees, and employees throughout California, from illegal employer retaliation.