What to Know About Workplace Retaliation in California 

What is Workplace Retaliation?  

Workplace retaliation occurs when an employer takes adverse actions against an employee in response to their engagement in legally protected activities. These activities typically involve reporting unlawful practices, participating in investigations, or filing complaints related to discrimination, harassment, wage violations, or other infringements of workplace rights. California law recognizes the importance of protecting employees who exercise their rights and ensures that retaliatory actions are addressed and prevented. 

Forms of Workplace Retaliation:  

Workplace retaliation can take several forms, with the aim of punishing employees for their protected activities. Some common manifestations of workplace retaliation in California include: 

1. Termination or Demotion: Employers may unjustly terminate or demote an employee in retaliation for their protected activity, effectively hindering their career prospects and financial stability. 
2. Negative Performance Evaluations: Retaliatory employers may manipulate performance reviews to unjustly portray an employee’s work negatively, thereby impeding their professional growth within the organization. 
3. Unjust Disciplinary Actions: Retaliation may involve subjecting employees to unwarranted disciplinary measures, such as unwarranted write-ups, suspensions, or increased scrutiny, causing stress and potential harm to their professional reputation. 
4. Reduction in Hours or Benefits: Some employers retaliate by reducing an employee’s work hours, compensation, benefits, or opportunities for advancement to suppress their protected activities. 
5. Harassment and Hostile Work Environment: Retaliation can create a hostile work environment through increased harassment, isolation, or creating an atmosphere of fear and intimidation, all aimed at discouraging employees from engaging in protected activities. 

Key Points to Know about Workplace Retaliation in California 

Employees in California should be aware of their rights and the legal protections available to them. Here are some crucial points to remember: 

1. Protected Activities: California law safeguards certain activities, including reporting illegal conduct, filing complaints against employers, participating in investigations, and exercising legal rights such as taking protected leave or requesting reasonable accommodations. 
2. Legal Framework: California has comprehensive laws to combat workplace retaliation. The California Fair Employment and Housing Act (FEHA) prohibits retaliation for opposing or reporting discrimination, harassment, or other employment-related violations. Additionally, provisions in the California Labor Code and the Whistleblower Protection Act protect employees who exercise their rights or report violations. 

Steps to Take If Faced with Retaliation 

If you believe you are experiencing workplace retaliation, consider taking these important steps: 

• Document Incidents: Keep detailed records of incidents, noting dates, times, locations, witnesses, and any supporting evidence. 
• Seek Legal Counsel: Consult an experienced employment attorney specializing in workplace retaliation cases to understand your rights and determine the best course of action. 
• File a Complaint: Depending on the circumstances, you may need to file a complaint with relevant state or federal agencies, such as the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). 
• Preserve Evidence: Safeguard any evidence that supports your claim, such as emails, text messages, performance reviews, or witness statements. 
• Cooperate with Investigations: If an investigation is initiated, fully cooperate with the investigating agency or your employer’s internal investigation process. 

Frequently Asked Questions: 

McCune Law Group Advocates for Employee Protections 

Workplace retaliation in California is a critical issue that demands attention and awareness from employees. By understanding the nature of workplace retaliation, recognizing its various manifestations, and being familiar with their rights, employees can take proactive steps to protect themselves and hold employers accountable. If you believe you are experiencing workplace retaliation, it is crucial to seek professional legal advice from a McCune Law Group employment attorney who can provide guidance tailored to your situation. Together, we can strive towards fostering equitable and respectful work environments in California.