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What Is Workplace Retaliation In California Law?
Workplace retaliation refers to negative action taken by an employer against an employee because the employee has engaged in a protected activity, such as reporting workplace harassment or discrimination, filing a complaint with a government agency, or participating in an investigation. Protected activities are actions that are protected under federal or state employment laws.
Examples of workplace retaliation can include:
- Demotion or loss of job responsibilities
- Reduction in pay or hours
- Unfavorable changes to work schedule or location
- Poor performance evaluations or disciplinary actions
- Threats, intimidation, or harassment
What Is The Most Common Type Of Employer Retaliation?
The most common type of employer retaliation is termination of employment or termination of contract. This is when an employer terminates or dismisses an employee who has engaged in a protected activity, such as reporting workplace harassment, discrimination, or participating in an investigation.
Other forms of retaliation can include reduction in hours, demotion, transfer to a less favorable work location or job, negative performance evaluations, and harassment or intimidation. However, termination is the most severe form of retaliation and can have the greatest impact on an individual’s career and financial stability.
Remember that workplace retaliation is illegal under federal and state law, and employees have the right to take legal action against their employers if they experience retaliation. An experienced employment law attorney can help employees understand their rights and options and can assist in pursuing a claim for workplace retaliation.
What Are Workplace Retaliation Laws In California?
In California, workplace retaliation is prohibited by both state and federal law.
The California Fair Employment and Housing Act (FEHA) is a state law that prohibits employers from retaliating against employees who engage in protected activities, such as filing a complaint of harassment or discrimination, opposing discriminatory practices, or participating in an investigation.
The federal law that prohibits retaliation in the workplace is Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees and prohibits retaliation against employees who engage in protected activities, such as filing a complaint of discrimination, participating in an investigation, or opposing discriminatory practices.
Under both state and federal law, employees who experience retaliation in the workplace have the right to take legal action against their employer. This can include filing a complaint with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission, or pursuing a private lawsuit in court.
It’s important to consult with an experienced employment law attorney to determine the best course of action in a particular case. An attorney can help employees understand their rights and options and can assist in pursuing a claim for workplace retaliation.
How Do You Prove Workplace Retaliation In California?
To prove retaliation, the employee must show that they were terminated after engaging in protected activity, such as reporting discrimination or harassment. The employee must also show a causal connection between the protected activity and the termination.
To prove workplace retaliation in California, an employee must show that:
- They engaged in a protected activity: This could include filing a complaint of harassment or discrimination, opposing discriminatory practices, or participating in an investigation.
- The employer took adverse action against the employee: This could include termination of employment, reduction in hours, demotion, transfer to a less favorable work location or job, negative performance evaluations, or harassment or intimidation.
- There is a causal connection between the protected activity and the adverse action: The employee must show that the adverse action was motivated by the protected activity, and not by a legitimate, non-discriminatory reason.
Keep in mind that retaliation can take many forms, and not all types of adverse action will necessarily be illegal. An experienced employment law attorney can help evaluate the specific facts of a case to determine whether retaliation has occurred.
In a retaliation claim, an employee can use a variety of evidence to show the causal connection between the protected activity and the adverse action. This can include direct evidence, such as statements made by the employer, or circumstantial evidence, such as a suspicious timing of the adverse action, or a history of similar actions taken against other employees who engaged in protected activities.
An experienced employment law attorney can help build a strong case for workplace retaliation by gathering and presenting evidence, and by representing the employee in negotiations, administrative proceedings, or a lawsuit.
Contact Marquee, A California Workplace Retaliation Law Attorney
Reporting workplace discrimination can sometimes lead to retaliation from the employer, like being treated unfairly or punished. But there are laws in place to protect employees who report discrimination from facing further harm from their employer. Examples of retaliation can include being transferred, being harassed, having work hours reduced, being demoted, or being fired. It’s important to know that these actions are illegal and employees have the right to protect themselves. If you experience workplace discrimination, it’s important to have someone on your side to help ensure your rights are protected throughout the reporting process.
If you’re experiencing employer retaliation – remember, you have rights. The individualized attention our employment attorneys give to you, our client, is one of the many compassionate and discerning characteristics that sets MAG apart from other law firms. Workplace retaliation can have a significant impact on an individual’s career and well-being. We are committed to getting you the compensation and respect you deserve. It’s important to note that we will act in your best interest, and are dedicated to put you first at all times as we remain on your side each step of the way.
We want you to feel confident in knowing your rights when it concerns employment law and breach of contract disputes. We also help those dealing with Workplace Discrimination, Workplace Retaliation, Unpaid Wages and more. If you or someone you know has suffered from these types of conflicts in the workplace, please call us at 1-844-493-9455 (4WE-WILL) or fill out our contact form today.