Workplace Retaliation Attorney
Employees who report their employers for discrimination, harassment, or violations of fair labor standards laws are taking proactive steps to protect themselves and their fellow workers. Unfortunately, unethical employers often don’t see it that way. They may feel they’ve been unfairly exposed and retaliate.
Retaliation comes in many forms, and some are more insidious than others. If you believe your employer is retaliating against you for filing a complaint with a government agency or participating in another protected activity, you should contact a workplace retaliation attorney in California right away.
In a situation as high-stakes as this one, your choice of attorney matters. California Civil Rights Law Group has recovered myriad multimillion-dollar verdicts for clients who have faced harassment, discrimination, and retaliation. We may be able to help you, too.
What Is Workplace Retaliation?
Workplace retaliation happens when an employer fires (or takes other adverse action against) an employee who engages in a legally protected activity. In the context of most anti-retaliation laws, “protected activities” usually refer to filing complaints against employers for unfair labor practices, sexual harassment, discrimination, or illegal conduct.
Generally speaking, most laws that prohibit employers from harassing or discriminating against employees also include provisions that protect employees who report violations from retaliation.
Workplace retaliation is illegal. If your employer has retaliated against you, you may have legal recourse under multiple federal and state laws.
Federal Law Protects Employees From Retaliation
There are several federal laws that prohibit retaliation against employees who participate in certain protected activities. The best known of these laws are the Equal Employment Opportunity (EEO) statutes enforced by the Equal Employment Opportunity Commission (EEOC)
EEO laws prohibit employers from discriminating against employees who engage in “protected activities.” These are some of the most common examples:
- Discussing discrimination or harassment with a manager or supervisor
- Refusing to follow orders from an employer that would result in discrimination against someone else
- Asking for salary information to find out whether wages are discriminatory
- Resisting sexual advances or stepping in to protect someone else from sexual advances
- Asking for accommodations for religion or disability
- Cooperating with an investigation of the employer
- Filing an EEO complaint or serving as a witness in one
Under federal law, employers must not terminate employees (or engage in other adverse action toward them) because they participated in a protected activity. However, they may fire or discipline an employee for other reasons.
For example, if you file a discrimination complaint against your employer, your employer may not fire you because you made a complaint. However, if you file a complaint and then steal money from your employer, you could be fired for stealing money.
Another federal law protecting employees from retaliation is the Fair Labor Standards Act (FLSA). The Fair Labor Standards Act creates wage and hour regulations and bans retaliation against any employee who reports a violation.
Workplace Retaliation Laws in California
Federal laws aren’t the only ones protecting California employees from workplace retaliation. The California Fair Employment and Housing Act (FEHA) and several sections of the California Labor Code are especially important. Here’s a look at some of the key protections they offer.
California Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act is an anti-discrimination law that protects both employees and those seeking housing. It also prohibits retaliation against anyone who reports a FEHA violation.
Notably, FEHA has a relatively new provision that makes it easier for employees to prove retaliation. This provision, called the Equal Pay and Anti-Retaliation Act (also known as SB 497), went into effect in January of 2024. The law presumes that an adverse reaction is retaliation if it happens within 90 days of an employee engaging in a protected activity. However, the employer may rebut that presumption.
California Labor Code
Many sections of the California Labor Code prohibit employer retaliation. These are a few examples:
- Section 232: Prohibits retaliation against employees who discuss their wages
- Section 230(b): Bans retaliation against employees who are crime victims and must take time off to appear in court
- Section 230.3: Prohibits retaliation against employees who must take time off to perform emergency duties as a firefighter, peace officer, or provider of emergency medical services
If your employer has retaliated against you, you may be unsure of which organization to file a complaint with — or even which law applies to your specific situation.
A California workplace retaliation lawyer can discuss your situation to help you determine whether unlawful discrimination has taken place. If it has, they can help you begin the claims process or file a lawsuit.
Recognizing Retaliation in the Workplace
When retaliation takes the form of a major adverse employment action like termination, it may be easy to spot. However, employer retaliation can also be subtle. Employers who retaliate against their employees generally know their actions are illegal, so they may hope that taking less obvious actions means they won’t be caught.
If you aren’t sure if your employer’s actions constitute retaliation, a workplace retaliation attorney can help you better understand. However, these are some common examples of retaliation:
- Firing (or constructive dismissal)
- Reducing your pay
- Reducing your hours
- Cutting or reducing your benefits
- Isolating you
- Demotion or denying you the opportunity for a promotion
- Giving you a poor job reference or blackballing you from the industry
- Forcing you to deal with dangerous or unacceptable working conditions
- Micromanaging or excessive monitoring
This is not an exhaustive list, and some types of retaliation can be very subtle. Our team can help you determine whether your employer’s actions constitute retaliation.
Proving Workplace Retaliation
If you are considering filing a complaint or lawsuit for retaliation, a workplace retaliation attorney in California can help you build a convincing argument. However, there’s plenty you can do on your end, too — especially when it comes to documenting your experience. Here are some key steps to take:
Establish a Timeline
Make sure to document the date you engaged in a protective activity and each time retaliation occurred after that.
Gather Evidence
Having solid evidence is a critical part of any retaliation case. Save screenshots of text messages, emails, and other communications relevant to your case, and photograph relevant physical documents as well.
If you’ve had to visit a doctor for stress or anxiety, include those medical records and medical bills in your evidence.
Document Previous Treatment
When you file a claim, it can be incredibly helpful to have evidence of how your employer treated you before. For example, if your supervisor suddenly started micromanaging you after you requested reasonable accommodation for a disability, a reasonable person would likely see the association.
Identify Possible Witnesses
If any other employees witnessed how your job treated you, write down their names and the particular actions each one saw.
Employment Discrimination and Retaliation
Although employment discrimination and retaliation are related concepts, they’re not exactly the same. Both are illegal under FEHA and the Labor Code. Workplace discrimination involves treating employees or job applicants unfairly based on their race, sex, national origin, sexual orientation, or other protected characteristics.
Retaliation, on the other hand, happens when an employer punishes someone for engaging in a protected activity. Discrimination and retaliation cases often go hand in hand.
For example, imagine your employer engages in discrimination based on your race, so you file a complaint and assist with the ensuing investigation. If your employer fires you from your job as a result, they have now engaged in both discrimination and retaliation.
Our team of workplace retaliation attorneys also handles cases of discrimination. If you’ve been the victim of workplace discrimination, retaliation, or both, we can help.
Taking Action Against Retaliation
If you’ve been the victim of retaliation by your employer, a workplace retaliation attorney in California can help you consider your options. The exact course of action you take will depend on the circumstances of your case.
Many employer retaliation complaints are filed under the California Fair Housing and Employment Act (FEHA). If you want to seek compensation from your employer, you have two options:
- File a complaint with the California Civil Rights Department (CRD) and let the agency investigate
- Pursue your own lawsuit
Each option is a bit more complex than it sounds. If you choose to file a complaint with the CRD, it will investigate. If it finds reason to believe retaliation has occurred, it may file a lawsuit against your employer.
If you would rather pursue your own lawsuit with your attorney, you have the option to do so. However, you must first contact the CRD to request a “right to sue” notice.
Has Your Employer Retaliated Against You?
Often, when unethical employers retaliate against their employees, they do so because they think it gives them the last word. However, when you assert your legal right to a retaliation-free workplace, you have the chance to hold your employer accountable and possibly recover damages in the process.
The California Civil Rights Law Group team is proud to stand up for the rights of Californians who have been subject to retaliation. If you wish to pursue a case, call or send us a message today to schedule a free consultation!
FAQs
Unfortunately, because so many factors go into determining the value of a lawsuit, it’s impossible to determine an accurate average. At your consultation, our team will be able to discuss your case with you and give you an idea of what it may be worth.
Winning a retaliation lawsuit can be challenging. However, the more evidence you have proving your employer committed a retaliatory act, the better. Having an experienced work retaliation lawyer on your side can also increase your chances of success.
During a retaliation case, the burden of proof shifts. First, the employee must prove that there was a causal link between their participation in a protected activity and their employer’s retaliatory action.
Then, the employer must make an argument showing that their action was not retaliatory. Lastly, the burden of proof shifts back to the employee, who must demonstrate that the employer’s reasoning is just a pretext for retaliation.
If you have been retaliated against, document when retaliation occurs to the best of your ability and contact an employment retaliation lawyer as soon as possible. Don’t retaliate against your employer, as this may jeopardize your case.
Legally speaking, no. If your employer retaliates, a workplace retaliation lawyer may be able to help you pursue legal action.
Any negative action taken in response to an employee’s engagement in a protected activity can be considered retaliatory. Firing, negative performance evaluations, micromanaging, reducing pay, changing hours, creating a hostile work environment, and similarly negative actions may be considered retaliatory.
The main California state laws protecting employees from retaliation are the California Fair Employment and Housing Act (FEHA) and several sections of the California Labor Code.
No. Under both California Labor Code §132(a) and FEHA, retaliating against an employee for filing a workers’ compensation claim is illegal.
If you’re experiencing retaliation at your job, do your best to document all instances of retaliation and establish a clear timeline. You should also contact a workplace retaliation attorney.
In many cases, yes. If you go to court and prove that your employer retaliated against you for engaging in a protected activity, the court may order your employer to reinstate you.
