Workplace retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting discrimination or unsafe working conditions. In California, employees are protected from retaliation under state and federal laws.
Taking the proper steps can help safeguard your rights.
Document the retaliation
Start by keeping detailed records of the incidents. Document dates, times, and descriptions of retaliatory actions, such as demotions, pay cuts, or hostile treatment. Include copies of relevant emails, performance reviews, or witness statements. Having clear evidence strengthens your case if you need to take formal action.
Review your rights under the law
California’s Labor Code protects employees from retaliation for reporting legal violations or participating in investigations. Additionally, federal laws, like the Civil Rights Act and OSHA regulations, safeguard employees from retaliation in specific situations. Understanding your rights ensures you know whether your experience qualifies as retaliation.
Report the retaliation internally
If your workplace has a human resources department, report the retaliation through the proper channels. Use the company’s established complaint process and provide your documentation. Request confirmation that your report has been received and ask for a timeline on how they plan to address the issue.
File a complaint with the appropriate agency
If internal reporting does not resolve the issue, file a complaint with a state or federal agency. In California, employees can file retaliation complaints with the California Labor Commissioner’s Office. Depending on the circumstances, agencies like the Equal Employment Opportunity Commission (EEOC) or OSHA may also handle complaints.
Protecting your career
Experiencing workplace retaliation can be intimidating, but knowing your rights and taking appropriate steps can help you address the situation effectively. You can work toward resolving the issue and maintaining a fair work environment.
