California Workplace Retaliation Attorney

Helping Clients Throughout California Oppose Unlawful Retaliation

California is an "at-will employment" state. This means an employer can release an employee any time without providing an explanation. However, there are circumstances that protect an employee from termination or other forms of retaliation from their employer.

Employers cannot retaliate against an employee for filing a complaint of discrimination or harassment to the Equal Employment Opportunity Commission (EEOC). Under California state law, it is also illegal to retaliate against an employee for contacting an employment lawyer.

Additionally, federal law protects employees from facing retaliation for:

• Refusing to engage in an illegal activity
• Serving in the armed forces reserves
• Requesting overtime pay or additional benefit

If you are a victim of workplace retaliation, don't handle your case alone. Reach out to the California retaliation lawyer at Polaris Law Group by calling (888) 796-4010 today.

What is Employer Retaliation?

Retaliation is considered a negative action taken against an employee who engaged in a legally protected act. It also covers any employees who file a complaint, become a whistleblower, or in any way assist with an FEHC or DFEH investigation.

While some forms of retaliation are obvious, it can be difficult to identify covert forms of retaliation. Employers engaging in retaliation may create a hostile work environment to cause an employee to quit.

Examples of employer retaliation include:

• Negative performance reviews
• Being overlooked for raises, promotions, or desired assignments
• Exclusion from staff meetings
• Reduction of salary or wages
• Forcing an employee to work a more demanding job without a suitable pay raise
• Forcing an employee to relocate, or denying a desired relocation
• Being fired

Retaliation is common in cases of an employee reporting discrimination in the workplace or sexual harassment. If you have reported such actions, it is important to get legal advice from a California retaliation attorney.

Read: 5 Signs Your Boss May Be Retaliating Against You

Steps to Prove Employer Retaliation in California

If you believe you are being retaliated against, notify your supervisor, HR department, and/or business owner in writing. Keep a copy for your records of your e-mail or letter. This gives the employer the opportunity to explain the behavior while providing documentation for your case.

If the retaliation persists, your attorney can use this documentation to help build a case against your employer. Bring in records of your treatment from before the retaliation to compare, such as positive performance reviews.

To prove an employer retaliation case, you must show that:

• You engaged in a protected activity
• You experienced a negative employment action
• There was a link between the protected activity and the negative employment action

What Makes a Strong Retaliation Case?

A strong retaliation case in California requires three key elements: protected activity, adverse action, and a causal connection. Understanding these elements can help determine whether legal action is appropriate.

Protected activity refers to the actions an employee takes that are safeguarded by law. This can include reporting discrimination or harassment, filing a complaint with a government agency, participating in an investigation, or exercising workplace rights such as requesting reasonable accommodations. For a case to be viable, the employee must have engaged in an activity protected under federal or California labor laws.

Adverse action is the negative treatment an employee experiences in response to engaging in a protected activity. Examples include termination, demotion, pay cuts, reassignment to less favorable positions, or any other conduct that would deter a reasonable employee from exercising their rights.

The final and most critical component is proving a causal connection between the protected activity and the adverse action. This can be demonstrated through evidence such as timing (e.g., if the adverse action occurred shortly after the protected activity), statements made by supervisors, or a pattern of similar retaliatory behavior.

For the case to be compelling, clear evidence of these elements is essential. Documentation, such as emails, performance reviews, or witness testimony, can strengthen a claim. Consulting an experienced attorney is vital to navigating the complexities of workplace retaliation laws and building a solid case.

What is a Protected Activity?

Under all federal laws prohibiting discrimination, there are two main types of protected activities:

• Opposition: Employees who oppose any act that is illegal under these laws, including discrimination, harassment, and retaliation, are engaged in a protected activity. Among those protected are the employees who make the complaint, as well as those who participate in an internal investigation as witnesses. Opposing illegal acts can include complaints about the acts, as well as refusing to go along with illegal requests.
• Participation: Employees who file a charge of discrimination with the EEOC or another state agency, participate in an agency investigation, or file or take part in a discrimination or harassment lawsuit are protected from retaliation.

What is Considered a Negative Action?

Any “materially adverse” action against an employee may be considered retaliation if the action might be used to deter an employee from filing a complaint or otherwise assisting an investigation.

Examples of negative actions include:

• Demotion
• Disciplinary actions
• Termination of employment
• Salary reduction
• Negative evaluations
• Transfer or denial of transfer
• Change in job assignments, job duties, shift
• Change in terms or conditions of employment

How to Prove Causation

Perhaps the most difficult piece of your case to prove, causation is the link between the protected activity and the negative action. You must demonstrate that your employer took negative action against you because you participated in a protected activity. It is not considered retaliation if the action is the result of another cause, such as a cost-cutting measure.

It can be difficult to prove retaliation without your employer directly admitting it, but there is still evidence that may support your claim, including:

• Timing: The adverse action comes directly after the complaint or other protected action.
• Knowledge: The person who took negative action had knowledge of your participation in the protected activity.
• Lack of other explanation: If you can demonstrate there was no other likely cause for the negative action after participation in a protected activity, you may be able to persuade the count that the action was meant to be retaliatory.

If you suspect that your employer has retaliated against you for speaking up about illegal practices, you deserve justice. At Polaris Law Group, we are dedicated to ensuring that all workers are treated fairly and are not subjected to retaliation for doing the right thing. Our California workplace retaliation lawyer can help you determine if you have a case, and help you plan your next steps.

Recoverable Damages in a Retaliation Lawsuit

If your case is successful, you could be entitled to recover damages.

Damages you can recover in a retaliation case include:

• Lost wages and back pay
• Lost benefits
• Emotional distress
• Punitive damages

At Polaris Law Group, Attorney Bill Marder stays up to date with changes to employment law. He has over 25 years of experience in a myriad of employment legal issues. Attorney Marder has also obtained multi-million dollars' worth of compensation.

Need legal advice? Contact us at (888) 796-4010 for a free consultation with our California retaliation lawsuit attorney at Polaris Law Group.