What is Workplace Retaliation, and Am I Protected from It in California?
Sadly, employment retaliation is far too common in today’s heightened business arena. Simply put, employment retaliation is any adverse action your employer takes against you (as the employee) in response to you taking part in or actively performing a legally protected activity your employer feels is negative.
Just a few of the types of adverse actions your employer may take to punish you are:
- Terminate or demote you from your current position.
- Reduce your current salary or hours that you work.
- Give you unfavorable work assignments or harass or threaten you in some way.
- Give you unjustified negative performance reviews without valid backing, and more.
You must note that these actions by your employer must be directly tied to your participation in a protected activity to qualify as retaliation under current California law.
California law is evident in its protection of employees and outlines numerous actions that are legally protected by the state employer retaliation laws, such as:
- You report types of workplace violations such as safety hazards, wage and hour violations, discrimination, and more.
- The filing of complaints concerning your harassment, discrimination, or theft of your wages.
- Helping to prove or participate in internal or external investigations into workplace violations.
- Exercising your legal rights, such as requesting valid medical leave, filing for a workers’ compensation claim, and more.
Make no mistake, however, that the key to your skilled and experienced business lawyers proving retaliation is demonstrating that your employer’s adverse action was a direct response to you participating in a legally protected activity; this, at times, is far more complex than you might expect, and professional advice and guidance to navigate this legal path is mandatory.
What Are Some Steps I Must Take to Support My Workplace Retaliation Claim?
First, you and your well-versed and experienced employment lawyer must successfully prove your retaliation claim under current California law.
To do this, you usually must establish three critical elements, these are:
- You were involved in a protected activity – For example, this might include filing a harassment complaint, reporting unsafe working conditions, or requesting reasonable and fair accommodation for your disability.
- Because of your actions, your employer took wrongful and adverse action against you, such as firing or demoting you, reducing your pay, or any other adverse action that impacts your current employment.
- There was a direct and causal connection between you doing the protected activity and the employer’s adverse retaliatory action.
Of course, evidence is also critical to your case, and your lawyer might use things like the timing of the adverse action by your employer or hostile statements by your employer that occurred in conjunction with you performing the protected activity.
Gathering sound, rational evidence is crucial to you and your skilled and thorough business lawyer in proving your workplace retaliation case.
This evidence will differ in every case, but just some of the key types of evidence needed are:
- Complete documentation such as emails, written warnings, or performance reviews showing a change in treatment after you engaged in the protected activity.
- First-hand witness testimony from coworkers who directly observed retaliation or discriminatory treatment.
- A thorough timeline that demonstrates a connection between your protected activity and your employer’s adverse actions.
The California Fair Employment and Housing Act (FEHA) and other strict state labor laws govern retaliation claims in California. Under these laws, your employer is prohibited from retaliating against you if you choose to exercise your workplace rights, and violations of these laws often lead to significant penalties inflicted on your employer and their company. However, these cases can be challenging, so if you wish to succeed and get what you rightfully deserve, the professional guidance of a passionate and well-versed business lawyer is mandatory.
What Must My Evidence Prove for My Employment Lawyer to Win My Case?
You can mount a retaliation claim against your employer as a California employee. However, to do this effectively, you must submit substantial and relevant evidence that proves the retaliation against you is valid.
Your competent business lawyer knows this full well, and just some of the things that may be included are:
- Complete correspondences, emails, texts, videos, and messages that factually establish that retaliation against you has occurred.
- Work diaries and logs noting the times, dates, and details of when and how the retaliation was committed.
- Possible lists of other employees and coworkers who are being treated in the same retaliatory manner.
- Your company handbook and policies that outline deliberate violations.
- Any complaints you made to the human resources department, manager, or supervisor outlining the retaliation, how it has impacted workplace performance, and more.
You must also note that in California, all employees must obtain a right-to-sue letter from either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
Your lawyer is aware of precisely what must be done to interact with the EEOC. They will also begin to examine, compile, and organize all the available evidence provided and look for and compile more.
The more evidence you have, the better to prove your retaliation case and that your report was made in good faith. Simply put, you must have filed the complaint out of concern for your well-being and the well-being of others at the company and not out of spite or to attempt to damage your firm’s reputation.
Remember that California’s laws are on your side in most retaliation claims. However, much still must be done to properly and professionally present your case to the state, which is why professional legal representation is needed.
What Are Some Remedies I Could Receive After Winning My Case?
Any remedy, such as retaining your job, getting back pay, etc., depends on the circumstances of your unique case. That said, when you and your employment lawyer prove your workplace retaliation claim, you may be entitled to various remedies, such as:
- Reinstatement to your previous position in the firm.
- Back pay you deserve for lost wages.
- Compensation for emotional distress and even punitive damages in more dire and egregious cases.
- All your lawyers’ fees, court costs, and more.
Any remedies you receive are designed to fully restore what you lost and hold your employer accountable for their illegal, unethical, or negligent behavior. However, deciding on the remedies to ask for is another area in which the professional advice of your employment lawyer and their negotiating skills will be of monumental help.
I’ve Been the Victim of Workplace Retaliation; How Should I Proceed?
Be aware that no matter how dire your claim may be, successfully proving a retaliation claim under California law can be challenging. Your employer will often deny their wrongdoing and may attempt to justify their actions with a myriad of unsubstantiated reasons. However, your skilled and highly experienced employment lawyer will help you gather evidence, navigate California’s labor laws, and always thoroughly and diligently advocate for your rights.
The law firm Geonetta & Frucht, LLP, fully understands your challenges when standing up against workplace retaliation. Just remember that you don’t have to fight this battle alone. Their decades of experience will assist you in pursuing justice and protecting your career.
Call them today in Oakland at (510) 250-2743 or San Francisco at (415) 237-1212for a free consultation on your unique case. They stand by with over half a century of expertise and will tirelessly and empathetically help you hold your employer accountable and secure the compensation you deserve.
