Know Your Rights If You Experience Workplace Retaliation

Individuals who are subjected to discrimination, sexual harassment or any other unethical or illegal treatment in the workplace may be hesitant to report it because they fear retaliation. It is important to know that if you report a workplace infraction, you are protected against retaliation.

What does this mean? In California, the law states that you cannot be unfairly terminated, unnecessarily relocated, demoted, moved to an undesirable shift or position, subjected to a decrease in pay, or given a negative job performance review that is not based on actual job performance merely as a result of reporting discrimination or illegal activity by an employer.

In order to prove that an employer has retaliated against you, it must be shown that you have been subjected to a negative action such as those above, and that your employer acted as a direct result of you reporting a workplace infraction.

The employment law attorneys at Jay S. Rothman & Associates represent workers throughout California in retaliation cases.

Understanding Retaliation And How To Prove It

Proving that workplace retaliation occurred requires showing that you participated in the reporting or investigation of a “protected activity,” and that your employer took negative action against you as a direct result. Protected actions also can include:

• Requesting medical leave
• Asking for religious accommodation
• Discussing wages with coworkers

Proving the causal relationship between an employee’s actions and retaliation on the part of an employer can be challenging. It is important for workers who believe their employer has retaliated against them to keep detailed notes about the timing of their actions as well as the employer’s retaliatory action. It is also wise to keep records of any explanation your employer provides regarding the adverse action taken against you.

In whistleblower cases, in which an employee reports illegal activity on the part of an employer, the person reporting the activity may remain anonymous. An employer may still be accused of retaliation in these cases if they take action against one or more employees who they suspect reported the illegal activity.

Common Examples Of Workplace Retaliation In California

Some retaliatory actions are subtle, while others are immediate and direct. The following examples often appear in California retaliation claims:

• Sudden schedule changes: Your supervisor abruptly moves you to an undesirable night shift or reduces your hours after you report an infraction. 
• Professional exclusion: Management leaves you out of necessary department meetings or skips you for training opportunities you previously received. 
• Unwarranted negative reviews: You receive a poor performance evaluation that does not reflect your actual work quality shortly after filing a complaint. 
• Hostile reassignment: The company moves your desk to an isolated area or transfers you to a different office location without a clear business reason. 

These actions are often used to pressure employees into quitting, but our aggressive lawyer can help you hold your employer accountable.

What You May Be Able To Recover

In order to sue an employer for retaliation, you must file a complaint with the Equal Employment Opportunity Commission (EEOC). If the EEOC clears the way to file a lawsuit, you may seek damages against your employer. This may include:

• Lost income – You may be able to recover backpay if your salary was lowered. If your previous pay rate is not reinstated, you may also be able to recover pay you would have received in the future. You may be able to receive compensation because your lifetime earning power has been damaged as a result of the employer’s actions.
• Lost benefits – You may be able to recover the value of job benefits such as bonuses, paid vacation and health care coverage if they were negatively affected as a result of the retaliatory action.
• Pain and suffering – Experiencing workplace retaliation is emotionally difficult. It is possible to recover compensation for the embarrassment, anger, frustration and other emotional turmoil the incident has caused.
• Punitive damages – This is rewarded less often than other damages in retaliation lawsuits, mostly in cases where an especially egregious action has occurred.
• Attorney fees – In retaliation and other employment law cases, lawyers typically receive a percentage of the amount recovered. However, a judge may order an employer to pay the full amount or part of your legal fees.

Under California law, a person generally has three years from the time of the retaliatory act to acquire a right to sue letter from the Department of Fair Employment and Housing. After that, you have an additional year to file your case in state or federal court.

Workplace Retaliation FAQ

Below, we have answered the common questions we see from employees who are trying to understand their rights after reporting misconduct, harassment or unsafe working conditions. 

Can I be fired for reporting a hostile work environment?

No. California law prohibits employers from firing workers for reporting harassment, discrimination or a hostile work environment. If an employee is terminated after making a complaint, that may support both a retaliation claim and a wrongful termination claim.

What should I do if my employer demotes me after I file a workers’ compensation claim?

A demotion after filing a workers’ compensation claim may qualify as unlawful retaliation under California law. The following steps can help preserve important evidence:

• Keep copies of emails, write-ups and performance reviews connected to the demotion.
• Document the dates involving the workers’ compensation claim and the employer’s actions.
• Save records showing changes in pay, duties, scheduling or job responsibilities.
• Avoid deleting text messages or workplace communications that may later support the claim.

Retaliation cases often depend on proving a connection between the protected activity and the employer’s conduct. Working with an experienced lawyer makes it harder for an employer to deny what occurred.

How long do I have to file a retaliation claim in California?

You generally have three years from the date of the retaliatory act to file with the California Civil Rights Department. Once you receive a right-to-sue notice, you then have one year to file a formal lawsuit in court. Remember, missing these deadlines can prevent a claim from moving forward.

Get The Help You Need Today

It is wise to enlist the assistance of a knowledgeable employment law attorney to help you assess the facts of your case and navigate the steps that must be taken to bring legal action against your employer. We welcome the opportunity to review your case and answer your questions in a confidential and free initial consultation. Call 855-239-0102 or use our online contact form to schedule a meeting.