California law protects workers from unlawful retaliation. Employers who punish employees for complaining about illegal conduct or for otherwise performing actions that are protected by the law may be liable for retaliation. There are a number of different bases for a retaliation claim, and retaliation can take a variety of forms. Continue reading for a discussion of retaliation in California and the different types of conduct that can give rise to a retaliation claim.
Types of Unlawful Retaliation
Retaliation occurs when an employer takes an adverse employment action against an employee for engaging in legally protected behavior. There are many different bases for retaliation.
Workers are protected from retaliation for complaining either internally or externally regarding unlawful conduct in the workplace. Employers cannot retaliate against employees who report unlawful conduct to HR or other internal divisions within the company. Employers are also prohibited from retaliating against employees who file complaints with an external agency such as the EEOC, or who cooperate in an investigation or lawsuit concerning unlawful conduct in the workplace (such as by serving as a witness). Even if the allegations turn out to be untrue, so long as the employee had a good faith basis for bringing the complaint, they are protected from retaliation.
Alleged unlawful conduct that can give rise to a retaliation claim include:
- Workplace discrimination
- Workplace harassment or hostile work environment
- Wage and hour violations such as unpaid overtime
- Sexual harassment
- Unsafe working conditions, hazards, or workplace injuries
- Criminal conduct such as embezzlement, money laundering, or securities fraud
- Violation of other employee rights
Workers are also protected from retaliation for exercising certain legally guaranteed worker rights. Employers are not permitted to retaliate against California employees for:
- Taking protected family or medical leave
- Filing, planning to file, or collecting benefits under a workers’ compensation claim
- Requesting an accommodation for a disability or religious beliefs
- Attending jury duty
- Resisting harassment or intervening to protect other employees from harassment or discrimination
- Refusing to follow directions believed to be discriminatory or otherwise unlawful
Forms of Retaliation
Workplace retaliation can take many different forms. While the classic retaliation case involves an employer firing an employee for an unlawful cause, termination is not the only way that an employer can engage in illegal retaliation. Any of the following conduct could constitute unlawful retaliation:
- Denying an employee a promotion
- Denying an employee a reasonable request for a transfer to a new position or more convenient location
- Denying an employee a bonus or other benefit
- Demoting an employee
- Reducing an employee’s wages or salary
- Rejecting a candidate for a position
- Creating a hostile work environment in order to force the employee to quit (“constructive termination”)
- Preventing the employee’s access to the training, equipment, support, or other items necessary to do their job
- Switching an employee to a less desirable location, position, or shift
- Giving an employee an unjustifiably poor performance review or an unsatisfactory job reference
- Terminating an employee
Any adverse employment action or other conduct aimed at harming the employee, taken in retaliation for the employee’s engagement in protected behavior, could constitute unlawful retaliation. Aggrieved employees have the right to bring a claim for unlawful retaliation and collect lost wages and benefits as well as other damages.
If you are an employee with retaliation or employee rights concerns in Orange, Riverside, San Bernardino, Los Angeles, or San Diego counties, or a California employer dealing with allegations concerning wrongful termination, harassment, or other employment law issues, contact a seasoned and trial-ready California employment law attorney at Coast Employment Law at 714-551-9930 for a free consultation.
By Coast Employment Law, APC | Posted on December 7, 2021
FAQs
Adverse actions that may constitute illegal retaliation include:
- Termination or constructive discharge.
- Demotion, cut in pay or hours.
- Denial of promotion or transfer.
- Unjustified negative evaluations or disciplinary actions.
- Creation of a hostile work environment.
engage in verbal or physical abuse; threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police); increase scrutiny; spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or.
What makes a strong retaliation case? ›
A strong retaliation case must show three things: An employee faced discrimination or harassment in the workplace. They reported the incident. The employee was then fired, demoted or otherwise punished for their complaint.
Which of the following would be an example of retaliation? ›
Retaliation can be in the form of termination, demotion, exclusion from important meetings, unfair monitoring, withholding raises and other benefits, verbal abuse, and bullying.
What makes a strong retaliation case in California? ›
A strong retaliation claim or case typically involves an employee who has experienced an adverse action(s) from their employer. This could include sexual harassment, workplace discrimination, unfair treatment, or any other type of workplace retaliation.
What is considered retaliation in CA? ›
Retaliation occurs when an employee engages in an activity protected by law and then suffers an adverse employment action as a result of that protected activity.
How do I prove my boss is retaliating? ›
Even absent suspicious timing, other relevant facts may include verbal or written statements; comparative evidence that a similarly situated employee was treated differently; falsity of the employer's proffered reason for the adverse action; or any other evidence from which an inference of retaliatory intent might be ...
What is a subtle example of retaliation? ›
You should be suspicious if your employer, supervisor, or colleagues suddenly ignore you after a complaint. Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation.
What is indirect retaliation? ›
Examples of indirect retaliation include isolating an employee from workplace activities, excluding them from important meetings, or providing them with less desirable assignments after they have engaged in a protected activity.
Are retaliation cases hard to win? ›
What Makes A Strong Retaliation Case? Winning a retaliation case can be daunting, but it is possible when you have strong evidence on your side. Your case is only as strong as the evidence you have.
Yes, it can be worth suing in certain situations when you have a strong case and believe that you have been wronged. Suing may be worth it to seek justice, hold the responsible party accountable, and obtain compensation for damages, lost wages, or emotional distress caused by workplace retaliation.
What is not retaliation? ›
An overview of non-retaliation policies
Under this policy, no adverse action is to be taken against an employee who reports, complains about or participates in the investigation of a possible violation of a company's code of conduct, applicable law or company policy unless the complaint or report is deliberately false.
What are examples of retaliation at work? ›
Retaliation, although illegal in the USA, happens a lot.
- Examples: Employee reports her manager for sexual harassment. ...
- Employee files a claim that his boss is making racial slurs. The manager starts to cut the hours of the employee who made the complaint. ...
- Employee requests a religious accommodation for garb.
This punishment can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment, as well as more subtle actions that may be detrimental to certain employees in specific circ*mstances.
What is retaliatory behavior? ›
Retaliation occurs when an employer or superior punishes an employee for engaging in a legally protected act. These protected acts can range from reporting a safety code violation, reporting fraudulent activity, taking family leave for a pregnancy, or even reporting harassment or discrimination.
How do you tell if you are being retaliated against at work? ›
What Factors Impact Workplace Toxicity?
- You're Reassigned to a Different Shift or Department. ...
- You're Passed Over for a Promotion or Raise. ...
- Your Pay or Hours are Cut. ...
- You Encounter More Harassment or Bullying. ...
- You're Fired from Your Job.
If you have already left the company, you can move straight to suing the company for damages such as wrongful termination, lost wages, and the original malfeasance for which you were retaliated against.
What is the average settlement for retaliation lawsuit in California? ›
Are retaliation claims rare in California? ›
Retaliation claims are not rare in California.
