Workplace Retaliation
In California, employers are prohibited from retaliating against employees for engaging in legally protected activities. Workplace retaliation can take many forms, including demotion, unfair firing, pay reductions, denied promotions, exclusion from meetings, negative performance reviews, and unwarranted monitoring, among others.
Numerous activities are considered “protected” under California law meaning employees cannot be retaliated against for engaging in them. These include filing workers’ compensation claims, reporting safety hazards, resisting sexual harassment, reporting discrimination, discussing salary issues, taking jury duty leave, submitting wage claims, taking family medical leave, and engaging in political activities. Employees are also protected when they assist coworkers in investigations or litigation related to employment law violations.
To prove workplace retaliation, an employee must demonstrate that they engaged in a protected activity, suffered an adverse employment action, and that the main reason for this adverse action was their engagement in the protected activity.
Other examples of retaliation include undesirable changes in workspace, reduction in responsibilities, or consistent denial of time-off requests. These actions, while not as overt as termination or demotion, can still create a hostile work environment and may be considered unlawful retaliation.
If you or someone you know is being retaliated against, contact us immediately.
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