WORKPLACE RETALIATION
No One Should Be Afraid to Stand Up For What is Right.
California is highly protective of workers’ rights and has enacted numerous laws to prevent employers from engaging in abusive workplace practices. Unfortunately, all too often employees who speak out about an employer’s unlawful conduct or seek to enforce their legal rights face retribution from their employer, creating a chilling effect on laws designed to protect employees. This is called retaliation. In California, it is illegal for an employer to take adverse action against employees who engage in a protected activity.
What Activities Are Protected?
There are numerous categories of employee conduct that are protected under California law, but a few examples include:
Opposing or reporting unlawful harassment or discrimination;
Filing a complaint about unlawful harassment or discrimination;
Resisting sexual advances or intervening to protect others;
Requesting reasonable accommodations for a disability or religious beliefs;
Taking pregnancy, family, or medical leave;
Reporting an employer’s violation of state or federal law;
Testifying, assisting, or participating in any legal proceeding addressing unlawful activity by the employer;
Refusing to follow orders that would result in violation of a state or federal statute or regulation;
Reporting safety code violations;
Filing a claim for unpaid wages; and
Disclosing wages or working conditions.
Retaliation against employees who engage in protected conduct can take many forms, including:
Termination;
Demotion;
Disciplinary action;
Negative performance reviews;
Reduction in compensation;
Denial of a raise or promotion;
Threatening to make or actually making a report to authorities (such as reporting immigration status);
Transfer to a less desirable position or location;
Increased scrutiny or micromanagement;
Spreading false rumors about an employee;
Increased workload;
Reduction in hours;
Change to a less favorable work schedule;
Increasing an employee’s workload; and
Reducing an employee’s hours.
If an adverse action is taken because an employee engaged in a protected activity, it is unlawful. Employees who have been the victims of unlawful retaliation may be entitled to a variety of remedies, including reinstatement of employment and work benefits, lost wages, and other damages.
Employees should not be penalized for seeking to enforce their legal rights or for speaking out when they see unlawful conduct in their workplaces. If you have experienced retaliation for engaging in protected conduct, you should speak with an experienced lawyer who can help you to determine your best course of action. Contact us today for a free initial consultation.