California Retaliation Laws – All You Need to Know

California retaliation laws prohibit employers from retaliating against employees who complain about discrimination, unfair treatment, or workplace violations, and it’s still a prevalent problem in many work environments today. This can take the form of subtle reassignment of work duties, demotion, or termination, and can make for a very stressful and intimidating work environment.

It’s crucial for both employees and employers to understand their rights and legal protections under California law, and to have an experienced advocate on their side if problems occur.

About Asbill Law Group

Retaliation is a serious violation of employees’ rights. When facing a retaliation case, we make sure our clients have the individualized attention, direct communication, and realistic advice they need from our experienced employment law attorneys in California.

We are well-versed in addressing your needs in the Sacramento County Superior Court and elsewhere, fighting for both state and federal protections. We take action to safeguard your career, restore your rights, and achieve significant results.

What Counts as Retaliation?

Retaliation is when an employer punishes an employee for having exercised a legal right or participated in a legally protected activity. Examples of legally protected activity include reporting or opposing discrimination, harassment, or other unlawful treatment, reporting unsafe work conditions, or reporting violations of minimum wage or overtime laws. It also includes participating in an investigation or proceeding relating to such practices.

In fiscal year 2023, the EEOC filed 143 merits actions. This included 25 systemic claims and 32 non-systemic class claims. Retaliation was the most common charge, with 39.2% of claims.

An employer might enact direct retaliation through actions like firing and demoting employees or indirect retaliation by reducing work hours and denying promotions, which together create a hostile workplace atmosphere. California courts have interpreted the state’s retaliation protections broadly to ensure that employees can exercise their rights without suffering adverse consequences. Both direct and indirect retaliation may form the basis of a claim.

Key California Retaliation Laws

California state laws, as well as federal laws, have protections in place to shield employees from retaliation and to compensate them when it occurs. Some of these key laws include:

• Fair Employment and Housing Act (FEHA). FEHA protects against employee-directed retaliation when they complain about discrimination or harassment on the basis of race, sex, religion, age, disability, or sexual orientation. Employees are also protected if they participate in an investigation or if they exercise their rights under FEHA.
• Whistleblower protections. This law provides a remedy for employees who report violations of the law. Retaliation can be in the form of a demotion, firing, or threats. If a worker is treated negatively in their employment after reporting a violation, they can seek a remedy in the courts.
• Worker’s Compensation Retaliation. Under California law, employers cannot take any adverse action against employees for filing workers’ compensation claims. Any efforts to fire, demote, or otherwise discipline a worker for filing a claim are illegal and can serve as the basis for a retaliation claim.

Knowing the specific law that applies to your circumstances can help employees recognize a violation and identify the appropriate remedy. Employers can use this information to create policies that meet state law requirements, as well as protect their employees and their business.

How to Prevent Workplace Retaliation

Employers should establish anti-retaliation policies while training staff and managers to recognize retaliation and keep detailed records of complaints and workplace activities to help prevent workplace retaliation.

Open communication and safe reporting channels give employees a voice to express concerns. Timely responses and consistent policy enforcement show the organization values employee rights and legal responsibilities. This can minimize legal claims risk and create trust, engagement, and a positive work culture.

Hire a Retaliation Lawyer

Knowing when to hire a retaliation lawyer is critical in filing a claim for workplace retaliation. An attorney understands retaliation cases and can use that knowledge to help fight for your rights. A California retaliation attorney can help you determine whether or not the action you faced qualifies as retaliation, collect evidence, navigate internal reporting measures, file complaints, and represent you in court if necessary.

A good lawyer can make sure that you understand the deadlines, the law, and your strategy, which makes it much more likely that your claim will be successful.

FAQs

What Are Three Actions That Constitute Retaliation?

Examples of three of the most common forms of retaliation are firing or demoting the employee, reducing the employee’s salary or hours, and giving negative job evaluations. However, there are many more examples. They can include the less desired shifts, unwanted transfers, or making the workplace a hostile environment. The essential element of retaliation is that it occurs because the employee did something legally protected.

What Qualifies as Employer Retaliation?

Retaliation by an employer is taking a negative employment action against an employee for having exercised their legal rights. This could include complaining about discrimination, participating in an investigation, filing a complaint with a government agency, or refusing to follow instructions that are in violation of the law.

Retaliation includes any employment action that would discourage a rational employee from exercising their legal rights through measures like termination or unfair discipline.

How Do I Prove Workplace Retaliation in California?

To prove workplace retaliation in California, an employee needs to show that they engaged in a protected activity, suffered an adverse action from their employers, and that a causal link exists between the two.

Evidence demonstrating retaliation includes the action’s timing, emails and written documents, witness statements, and contradictions in employer explanations. Strong documentation and clear patterns of adverse treatment increase the likelihood of a successful claim.

Is It Worth Filing a Claim for Retaliation?

Filing a claim for retaliation can be worthwhile if the adverse actions have led to financial losses, emotional distress, or long-term career damage. A successful claim may result in compensation for lost wages, benefits, emotional distress, and reinstatement in certain cases. Seeking advice from a seasoned legal professional allows you to evaluate whether your case can succeed.

Contact Asbill Law Group Today

If you suffered retaliation for exercising your legal rights in the workplace, you may be entitled to compensation for your damages. Asbill Law Group can help. Contact us today to get started.