Under California law, it is illegal for employers to retaliate against employees for activities like filing a wage claim, reporting unlawful conduct, reporting fraud, or filing discrimination suits. Sexual harassment and discrimination cases are common in the workplace, and more employees are coming out to report the offenses. Federal law protects people who report workplace issues, shielding them against adverse retaliation. Companies and organizations must follow these regulations by not victimizing employees who report unlawful conduct. Unfortunately, some organizations do not adhere to these rules. Because of this, you must understand your rights to protect yourself from workplace retaliation. If you are a victim of workplace retaliation in California, our attorneys at the Sexual Harassment Attorney can help.
Understanding Workplace Retaliation
Retaliation is any adverse action an employee faces after reporting an issue in the workplace. The problems an employee can report include:
- Unsafe working conditions
- Human rights violations
- Unethical business practices
- Discrimination
- Sexual harassment
The negative actions employees can face include:
- Termination of their job
- The company can take disciplinary actions against the employee
- Denial of access to training and mentoring opportunities
- Changing the employee’s shift schedule
- Reducing the employee’s salary or denying a raise
- The employee can be passed over for a promotion, and
- Any other actions that adversely affect the reporting employee’s career and opportunities
Sometimes, your employer might have legitimate reasons for taking the above actions against you. However, if you face adverse actions after reporting wrongful conduct, you are a victim of workplace retaliation. It can be challenging to prove that workplace retaliation is happening. Therefore, you should carefully document what is happening to build a strong case. You are still protected against retaliation by an employer, even if your initial claim of discrimination or harassment turns out to be false.
Employees and Protected Actions
All employees, from the lowest intern to the highest executive, are entitled to the same protection from retaliation. A company cannot take adverse action against you for reporting an issue, no matter your status in your company.
The federal law will not only protect you in cases of discrimination and sexual harassment. This law will also protect you in the following scenarios:
- When you request unique accommodation for disabilities or religious beliefs
- Requesting information about salaries to point out gender inequality
- Stepping in to defend your co-worker from discrimination or harassment
- Refusing to finish assignments that would lead to discrimination against others
- Providing evidence or observations in an internal investigation
- Serving as a witness in an Equal Employment Opportunity Commission (EEOC) investigation
You will have protection under workplace retaliation law whenever you shed light on something your company is doing that you do not believe to be fair or legal. The retaliation law will protect you if your employer takes action against you after reporting the incident.
The workplace retaliation law will protect you even if your claims are invalid. You only need to have made your claims in good faith. This means you must genuinely believe that your employer is retaliating against you, even if it emerges that it is not the case. Making a false claim of retaliation to get back at someone in your company for a perceived crime is unlawful.
The Retaliation Laws in California
Certain activities under California law are considered protected. You can only file a complaint of workplace retaliation regarding these activities. The California Department of Industrial Relations highlights the protected activities, including the most significant protections that employees need. The following are anti-retaliation statutes and the activities they protect:
Employees’ Compensation Law
You cannot be retaliated against for exercising your employees’ compensation rights. This could include:
- Testifying in a co-worker’s compensation hearing under California Labor Code 132a
- Filing an employee’s compensation claim
You are entitled to protection under one or more of these statutes, depending on the circumstances of your case.
Occupational Safety and Health Law
It is a crime for your employer to discharge or retaliate against you for:
- Refusing to perform work in or under conditions that include violations that would create apparent or natural hazards to you according to Labor Codes 6310 and 6311
- Exercising the rights outlined under occupational safety and health statutes or participating in a committee under these statutes
- Institute or testify in an occupational safety and health trial
- Filing a complaint with the California Division of Occupational Safety and Health or any other government agency responsible for workplace safety or health
Fair Employment and Housing Act (FEHA)
FEHA protects employees against the employer’s retaliation after standing with their co-workers to protest against harassment or discrimination. This could include protection for the following:
- Assisting or testifying in any proceeding under FEHA
- Requesting workplace accommodations for a disability or religious beliefs
- Fighting acts of discrimination or harassment at work
- Filing a lawsuit about harassment or discrimination
Whistleblower Laws
Employees are protected under Labor Code 1102.5 against retaliation for specific protected activities. This statute applies to ultimate employment actions like termination and other delicate actions. The following are some of the protected activities:
- Providing information to or testifying before a government entity investigating a possible violation by the employer
- Reporting a suspected violation of a regulation or law to a supervisor who has the power to investigate
- Reporting suspected criminal activity by your employer
Common Law
The court develops the common law. This statute states that your employer cannot retaliate against you for reasons that violate public policy. Public policies are considered substantial and fundamental principles of proper legal conduct that the constitution or statutory law supports. Some of the activities that are protected under common law include:
- Performing a statutory duty, like going for jury duty
- Refusing to violate the law, including refusing to commit an offense on the instructions of your employer
- Reporting a violation of the law for the benefit of the public, like disclosing antitrust crimes
- Exercising constitutional or statutory privileges or rights like exercising your family and medical leave rights
False Claims Act
It is a crime for the employer to fire you for filing a case to stop them from embezzlement, theft, or fraud of government funds. These cases are known as ‘’qui tam’’ cases. The protection also applies to employees who report crimes under the False Claims Act Penal Code 12652.
Labor Code Section 230.1
It is a crime under the Lab. Code 230.1 for an employer with 25 or more workers to retaliate against a worker who is a victim of sexual assault or domestic violence. This law protects victims when they take time off work to seek medical attention or psychological counseling. However, you are required to provide reasonable advance notice if feasible.
Labor Code Section 246.5
Lab. Code 246.5 prevents your employer from denying you the right to use your accrued sick days. This law also prevents an employer from retaliating against a worker who uses sick leave or files a complaint about sick leave.
Labor Code Section 432.7
Lab. Code 432.7 prevents an employer from asking an applicant to reveal details about an arrest that did not result in a conviction and from using any arrest to determine any condition of employment.
Labor Code Section 1019.1
This statute prevents your employer from asking you for more or different work authorization documents than federal law requires. This law also prohibits your employer from reinvestigating your current authorization to work using an unfair immigration-related practice. Your employer could face a fine of up to $10,000 if he/she commits this offense.
Identifying Retaliation
Sometimes, retaliation can be subjective, making it hard for you to identify and prove. However, retaliation can be identified in the following scenarios:
Promotion in the Organization
You could have worked for your company for a decade and consistently met and exceeded your company's goals and expectations. When promotion comes, your co-workers think you qualify for the position. A few weeks before the promotion announcement, a project comes up that seals the deal for you. Sadly, the project manager stopped you from participating because of your gender. Later, you discover that the company hired another person for the new position after you reported the issue to your supervisor. The supervisor and manager, on the other hand, refuse to answer your questions about the hiring.
This could be retaliation because your work performance had not deteriorated. On the other hand, it might not be retaliation if the employee who got the promotion could have been more qualified than you. You will, however, need to get to the root of the matter to ensure that you have a valid claim.
Parental Status in the Organization
You could be a single mother in an organization, and your co-worker makes an untoward comment about your child’s father not being in the child’s life. You then report the issue to the supervisor, and your co-worker is punished for the offense.
After reporting the issue to your manager, you suddenly realize your schedule has been changed to all evening shifts. This might not appear like retaliation to some of your co-workers. However, things could be hard for you personally and financially because you are now forced to hire a babysitter to care for your child at night. You will also have limited time to spend with your child after school.
This could appear like a classic case of retaliation at first glance. However, after presenting your complaint to the manager, he informs you that one of your evening coworkers has resigned. He/she also claims you are the only skilled employee to fill the gap. Fortunately, the manager later learned your reasons for complaining about the shift and returned the schedule to accommodate your needs. In this case, the manager was not retaliating.
The Action You Should Take If You Are A Victim Of Harassment And Discrimination at Workplace
You should follow these steps if you are a victim of retaliation at the workplace:
Reporting the Matter To The Relevant Authority
Your first action should be to report the issue to your supervisor if you feel you are a victim of discrimination, harassment, or other workplace crimes. You could also report to the human resources department. Ensure that you provide the details of the matter to be included in the file.
Continue to monitor how your company treats you after you make your report. You might not face retaliation immediately after reporting the incident. Retaliation could show up after some weeks or even months. You should continue documenting any steps or actions the company takes against you. If you will be required to go to court, every detail you document will bolster your case.
You should bring your suspicions of retaliation to the attention of your manager or human resources team before letting things get far. Sometimes, the person retaliating might not be aware of the problem. A good manager can do their best to restore things to normal and make things right with you.
Your supervisor can claim no retaliation, even if it is true. You should take more drastic steps to stop the retaliation in this situation. You could call in a legal specialist in this area if you cannot secure a satisfactory resolution of the case on your own.
Taking Legal Action
You can hire an attorney and file a case in court. On the other hand, you can also report the issue to EEOC or a local organization specializing in employee protection. Bring in other current and past employees if there have been other similar allegations about your company. This could make your case solid and stop the retaliation from occurring again.
You will be required to give your attorney sufficient evidence. This is where you should hand over the documentation you have been gathering to your attorney. The strength of your case and your chances of winning the case will be determined by the amount of information and evidence you provide.
Review the current documentation, performance reviews, old emails, and other documentation before filing your incident report. This helps you distinguish between how things were before you made the report and after reporting. Your case could be ruled as retaliation if there is a big difference between before and after reporting the incident.
Hiring a Workplace Retaliation Attorney
You must take time to choose wisely when considering hiring an attorney to represent your interests in court. Retaliation cases are often complex to prove. You, therefore, must hire an experienced attorney in this area. The attorney you choose should know what the judge will look for to prove your claims.
You should be bold and ask questions about anything you do not understand. Do not be ashamed of what you do not know because your attorney understands that you are not an expert on matters of workplace retaliation. Asking the proper questions could assist you in the following ways:
- Enable you to understand the legal process
- Help you understand your case
- Help you know any further actions you need to take to keep things moving.
Workplace retaliation could put your career and livelihood at stake. This issue is always emotional. However, it is advisable not to let your emotions get the better of you because they could interfere with your case. Take a step back and relax when you find yourself getting emotional. You should take time to calm down before you begin talking again. Requesting a short break is healthy if you need time to calm down.
These trials can be complicated, as you are trying to prove your case, and your employer is attempting to disprove it. They could often take a more extended period than you expected. You should always be patient and trust your attorney because he/she understands the process. A reputable attorney will do everything he/she can to win your case.
Seek Damages
You could be entitled to receive compensation for the following, depending on the type of retaliation you suffered:
- Attorney’s fees — You can seek reimbursement of the costs you incur to hire an attorney to handle your workplace retaliation case
- Punitive damages — If your employer was extremely harsh, the court can award you punitive damages
- Pain and suffering — undergoing workplace retaliation can cause emotional damage and make you feel disillusioned. You can seek compensation for the pain and suffering you experienced due to workplace retaliation.
- Lost benefits — Your employer can deny you benefits to get back at you for reporting a workplace issue. You can file a lawsuit to reclaim all the benefits you missed due to workplace retaliation.
- Lost pay — You can seek compensation for lost income if your employer withholds payment to punish you.
The Aftermath of Workplace Retaliation Lawsuit
Keep an eye out for any changes happening at work, whether you win or lose your case. Your manager could continue to harbor resentment against you if you win your case. You should be on the lookout for future retaliatory efforts after remedying the initial retaliation.
Sometimes, winning a retaliatory case could give you peace at work. However, you should stay vigilant to protect yourself going forward.
Find a Retaliation Attorney Near Me
Is your employer treating you differently or discriminating against you after you report a workplace issue? You could be a victim of workplace retaliation, an offense under federal law. You need an aggressive attorney by your side to prove that your side can help you prove that you face workplace retaliation. If you need a reliable attorney in California, contact the Sexual Harassment Attorney. Call us at 800-905-1856 to speak to one of our attorneys.
