When you go to work in California, you do so with the expectation that you’ll be treated fairly and respectfully. Ultimately, the employee-employer relationship is grounded in trust. You trust that your employer will give you a safe, healthy environment to work in and your employer trusts that you’ll do what you’re supposed to do to produce for the company. Unfortunately, not every workplace in California is able to provide a safe and healthy environment for its workers. Sometimes, issues like harassment and discrimination come up, forcing you to voice your concerns to your employer.
Logic–as well as California law–would say that your employer would then take necessary action to protect you. However, sometimes the opposite occurs, and your employer retaliates against you instead. The question, then, is what can you do in this situation?
Workplace Retaliation Victims Can Confide In Maison Law
At Maison Law, we proudly stand up for the rights of workplace retaliation victims in California. We understand the devastating consequences that retaliation can have, even for voicing perfectly reasonable and valid concerns. Our team of experienced, dedicated California employment lawyers can help you understand what workplace retaliation is and what your options are for fighting back against it. If you believe that your employer is retaliating against you, don’t hesitate to contact us for a free consultation.What is Workplace Retaliation in California?
In California, as well as virtually all other states, workplace retaliation is a serious and ongoing problem. It arises out of situations where an employee engages in a “protected activity” and the employer retaliates against them. This retaliation usually takes the form of an “adverse employment action”, which is a legal term that describes the action the employer takes to punish the employee for reporting illegal activity. Protected activities can include any of the following:- Reporting violations of laws
- Participating in investigations
- Filing a complaint or lawsuit
- Refusing to engage in illegal activities
- Requesting reasonable accommodations
- Engaging in union activity
California Law and Workplace Retaliation
Because it’s such a serious issue, workplace retaliation is against the law in California. Section 1102.5 of the California Labor Code specifically prohibits employers from retaliating against employees who:- Disclose information to a government or law enforcement agency
- Refuse to participate in illegal activities
What Constitutes Workplace Retaliation in California?
Under California’s legal definition of workplace retaliation, any “adverse employment action” taken by your employer after you’ve engaged in a protected activity could be considered retaliation. Thus, you are protected by the law when this happens. However, retaliation often occurs very subtly, or at least in a way that can make it difficult to fully recognize. Some of the more common forms of workplace retaliation in California include:- Termination or demotion – Your employer may terminate or demote you in retaliation for engaging in protected activity.
- Reduction in pay or hours – Sometimes, your employer may reduce your pay or hours in retaliation for engaging in protected activity.
- Negative performance evaluations – Another common form of retaliation occurs when your employer gives you a negative performance evaluation in retaliation for engaging in protected activity.
- Exclusion or isolation – An employer may exclude or isolate an employee in retaliation for engaging in protected activity.
- Denial of a promotion – An employer may deny an employee a promotion in retaliation for engaging in protected activity.
- Intimidation or threats – An employer may use intimidation or threats in retaliation for engaging in protected activity.
- Unwarranted disciplinary action – An employer may take unwarranted disciplinary action against an employee in retaliation for engaging in protected activity.
Temporal Proximity
Oftentimes, the key distinguishing factor for workplace retaliation is what is known as “temporal proximity.” This simply means how close in time the retaliation is to your protected activity. For example, if you have no history of disciplinary action when you voice concerns of workplace harassment, then a week later your employer demotes you, it may suggest retaliation. While temporal proximity alone is not sufficient to prove retaliation, it’s usually a significant factor in establishing a connection between the protected activity and the adverse employment action. Other factors, such as the employer’s history of retaliation, the strength of the employee’s performance, and the reason given for the adverse employment action, can be factored in when trying to figure out if retaliation has occurred.What Should You Do If Your Employer Is Retaliating Against You in California?
Even though it can take many forms, workplace retaliation is always against the law in California. At the same time, like anything else, it requires proof. Thus, it’s important to not only recognize common forms of retaliation, but what you need to do to protect your rights. Here are some steps to take if you think you’re being retaliated against:- Document everything – Keep detailed records of all incidents related to the retaliation, including dates, times, and descriptions of what happened. This will be important evidence if you decide to pursue legal action.
- Report the retaliation – If you feel comfortable doing so, report the retaliation to your employer’s human resources department or a supervisor. Be sure to document this report as well.
- File an administrative complaint – You can file a complaint with the California Labor Commissioner’s Office or the California Department of Fair Employment and Housing (DFEH). These agencies investigate claims of workplace retaliation and may take legal action on your behalf.
Damages In a California Workplace Retaliation Claim
By taking the above steps, you can protect your rights and hold your employer accountable for any illegal actions, including retaliation. Often, this involves filing a claim for damages, usually in a lawsuit. Our lawyers can help you determine whether filing a lawsuit is a viable option for you. A successful workplace retaliation claim in California can lead to your recovery of the following damages:- Lost wages and benefits – You may be entitled to recover the wages and benefits you lost as a result of the retaliation, such as back pay, front pay, and the value of any benefits you would have received had you not been retaliated against.
- Emotional distress damages – If the retaliation caused you emotional distress, such as anxiety, depression, or other mental health issues, you may be entitled to recover damages for that distress
- Attorney’s fees and costs – If you prevail in your claim, you may be entitled to recover the reasonable attorney’s fees and costs you incurred in pursuing your claim.
- Reinstatement or promotion – In some cases, a court or administrative agency may order your employer to reinstate you to your former position or to promote you to a higher position.
- Punitive damages – In some cases, you may be entitled to recover punitive damages, which are intended to punish the employer for their wrongful conduct and to deter them from engaging in similar conduct in the future. Although rare in retaliation cases, some California cases have resulted in these damages for victims.
