Under the state and federal laws of California, it is unlawful for an employer to retaliate against an employee for reporting or opposing any type of illegal activity. Any form of cynical or adverse action that an employer takes against an employee for engaging in a protected activity can be considered as a workplace retaliation. These protected activities may include filing a complaint about discrimination, harassment, or unpaid wages at your work.

Despite the fact that workplace retaliation and discrimination are illigal, employment cases are not always simple to prove or win when it goes to court. However, to build the strongest case possible, you will need the best employment lawyers to help you navigate the legal employment process. Law Mart is California’s most proven and trusted lawyer referral that has provided superior employment attorneys to clients.. With our resources, experience, and expert knowledge of California labor lawyers, we can ensure an outstanding legal service that will win your case.

At Law Mart, we understand that workplace retaliation can not only disrupt and damage your professional career but your psychological well being in life as well. Our experienced employment attorneys fight to obtain the satisfactory results our clients deserve for their losses so they can start to move forward in their personal and professional ventures.

Why Do I Need a Workplace Retaliation Lawyer?

If you believe you have been a victim of retaliation at work for exercising your legal rights, contact Law Mart to see how we can help. Workplace disputes can be extremely complex to resolve and often require the help of an experienced employment lawyer to obtain the best outcome. Contact our workplace retaliation attorney as soon as possible if you have experienced unlawful activities on the grounds of retaliation, harassment, discrimination, or any other type of illigal behavior at work.

How a Workplace Retaliation Lawyer Can Help

Workplace retaliation is a form of discrimination that is interdict by the law. When you bring a claim forward and get retaliated against by your employer for doing so, you have the right to file a claim for discrimination or harassment in may cases. Our experienced retaliation attorney  can take legal action against your employer and help with the following types of cases:

• Age discrimination
• Civil rights discrimination
• Disability discrimination
• Employment discrimination
• Hostile work environment
• Labor law violations
• Pregnancy discrimination
• Racial discrimination
• Religious discrimination
• Sexual harassment
• Whistleblower violations
• Wrongful discharge violations
• Wrongful termination
• And more

If you have filed a complaint with a state agency or the Equal Employment Opportunity Commision , it is wise to consider hiring your own employment attorney. It is extremely beneficial to have a workplace retaliation attorney to assist you in the navigation of the legal process. Your workplace retaliation attorney can help you with all aspects of the claims process including:

• Reviewing evidence of retaliation – Your attorney will review all evidence of retaliation to help prove your case. Be sure to keep all documents that may be related to your claim regarding alleged discrimination or harassment. It’s also beneficial to keep a list of witnesses that may be able to support your claim.
• Evaluating your credibility as a witness – After filing a retaliation lawsuit against your employer, you will become the plaintiff in the case. Your attorney will evaluate your credibility as a witness and help you prepare to give any potential testimony in court before a judge or jury.
• Assessing your losses – An employment attorney can help assess your losses including lost wages due to a demotion or reduction of work hours as a result of termination from your employment. Victims of workplace retaliation are entitled to various types of damages which are financial compensation for any losses you suffered as a result of your employer’s unlawful actions.

When seek the help of Law Mart to help you represent in your workplace retaliation case, you can count on our workplace retaliation lawyers for the following:

• Determine if you have a case to file a retaliation claim.
• Offer sensible legal counsel and advice.
• Help you collect evidence to support and prove your retaliation claim.
• File a complaint with the appropriate government agency and ensure all legal requirements are met before a lawsuit can be filed.
• Ensure all filing deadlines are met.
• Represent you during an agency-supervised investigation.
• Negotiate with your employer to reach a fair settlement offer.
• File a lawsuit against your employer if a fair settlement cannot be reached.

As a California worker, you have lawful protection against retaliation at your workplace but exercising those rights can be challenging. Our experienced employment attorneys are here to fight for you and accommodate the legal counsel you deserve. Call Law Group today to schedule your free consultation and explore your legal rights.

What is Workplace Retaliation?

Employees at anytime have the right to announce behavior they believe to be discriminatory or harassment at their workplace. If your employer penalizes you for engaging in protected activities– which are workplace actions that employees may engage in without fear of retaliation by employers or supervisors, you may have the right to file a retaliation claim against your employer for such matters. This retaliation is unlawful under California law. Examples of protected activities include but are not limited to complaining to a supervisor or human resources department about alleged discriminatory behaviour, threatening to file a discrimination charge, or refusing to obey a work order that you reasonably believe to be discriminatory by all means.

If an employer takes negative or material adverse action against you for reporting the behavior or filing a complaint, their action may be considered a form of retaliation. An adverse action can take numerous forms including disciplinary actions or termination. Any type of action that maltreats the employee’s emotional or mental state or negatively affects the employee’s working conditions including a less desirable job assignment or decrease in pay can also be considered workplace retaliation. Some occasions of retaliation are pretty easy to identify including adverse actions such as getting fired or laid off because you reported a supervisor’s unacceptable behavior. Nevertheless, workplace retaliation can also be more subtle such as getting reassigned to a lower-paying position or making adjustments to your work schedule because you filed a complaint or engaged in a protected activity at your work.

It’s vital to note that an employee does not have to formally oppose the perceived harassment or discrimination to engage in a protected activity. As long as you bring up the issue in any way to the attention of your supervisor or human resources department, you are engaging in protected activity. For instance, even a casual comment to your human resources representative that you found your manager’s comment to be racially or immorally discriminatory could be considered protected activity.

When Are You Protected from Workplace Retaliation?

According to the U.S. Equal Employment Opportunity Commission (EEOC), employment retaliation is one of the most alleged bases of discrimination that occurs in the workplace. In California, state and federal laws protect employees who maintain their workplace rights without getting punished for engaging in a protected activity.

Some of the examples of activities protected from workplace retaliation include:

• Filing a complaint with the EEOC or being a witness in an investigation, complaint, or lawsuit.
• Communication with a supervisor, manager, or human resource representative about discrimination or harassment.
• Answers in response to questions asked during an employer’s investigation regarding an alleged discrimination or harassment incident.
• Refusing to comply with an employer’s unlawful conduct that could result in discrimination.
• Refusing, resisting, or speaking out against sexual advances or requests.
• Helping to prevent sexual harassment by intervening.
• Requesting reasonable accommodations for a religious act or disability.
• Asking a supervisor, manager, or coworkers about salary or compensation in an effort to reveal potentially discriminatory wages.

It is imperative to keep in mind that participation in the complaint process is also protected from retaliation. Additionally, other actions that oppose workplace discrimination are also protected as long as the employee acted in a reasonable manner and believed that something in the workplace may have violated employment laws.

If the action was driven by non-discriminatory or non-retaliatory reasons, an employer may discipline or even terminate an employee since engaging in protected activity may not necessarily protect an employee from disciplinary charges or discharge. Nevertheless, our workplace retaliation attorneys often observe that when there has been harassment or discrimination at a workplace, an adverse action taken against an employee who reported, complained, or engage in a complaint process tends to be retaliatory behavior. Employers aren’t allowed to do anything in response to a protected activity that would prevent or discourage a person from complaining or speaking up about future discrimination.

Examples of Workplace Retaliation

When you reported or complained about discrimination, harassment, or any other workplace conduct that violated your rights as a California employee, then it’s comprehdable that you may fear retaliation from your employer. Although, you should know that employment retaliation is illegal and there are laws that protect you from these adverse actions in the future.

These are some of the examples that an employer may be engaging in workplace retaliation include:

• Giving an employee unfair or negative performance reviews without proof of any job-related performance issues.
• Unfairly or reprimanding an employee for no valid reason.
• Transferring an employee to a lower paying or less desirable position.
• Changing an employee’s job duties to something less desirable.
• Reducing an employee’s salary or wage without proper justification.
• Denying a promotion or overtime pay.
• Reducing an employee’s benefits or cutting their work hours.
• Demoting, firing, or laying off an employee.
• Getting left out of important meetings.
• Engaging in physical or verbal abuse.
• Threatening or actually making a report to authorities which can include a report to the immigration office about an employee’s immigration status.
• Increasing scrutiny of an employee’s work efforts without proper or reasonable justification.
• Spreading rumors or lies about the employee around the office.
• Making an employee’s job more difficult by changing his or her schedule.
• Relocating an employee to a different location which makes his or her job more difficult to travel to.

The examples mentioned above are only some of the ways an employer might retaliation against you for speaking up against discrimination. If you suspect you are a victim of workplace retaliation but are unsure if your employer has retaliated against you, contact our lawyer referral service for a free consultation. Our experienced workplace retaliation attorneys can help review your situation and provide insight into whether you may have a legal claim against your employer for engaging in workplace retaliation.

Common Types of Workplace Retaliation

Under state and federal labor laws, workplace retaliation is illegal. For example, Title VII of the Civil Rights Act of 1964 prohibits any type of discrimination in the workplace, including retaliation.

Several labor laws prohibit employers from retaliating against an employee in certain situation including when they:

• Exercise their right under the law in a reasonable way.
• Report their employer’s suspected workplace violation to a government agency or authority figure.
• Act as a witness or plaintiff by participating in a legal proceeding or gives a testimony against the employer.

Workplace retaliation can happen in many ways and under various circumstances. There are several different types of retaliation claims including:

• Whistleblower claims – A whistleblower is a person, typically an employee, who exposes illegal information or activity in the workplace. Whistleblowers speak out against an employer for breaking regulations or the laws. The Whistleblower Protection Act (WPA) protects employees who report these employment violations. The WPA prohibits retaliation including pay cuts, demotions, or dismissals for blowing the whistle and allows whistleblowers to confidentially make their disclosures. This law also provides legal remedies to whistleblowers who are victims of retaliation.
• Unpaid wage claims – The Federal Labor Standards Act (FSLA) protects workers from retaliation for minimum wage, unpaid age, or overtime complaints. This law entitles an employee to recover back wages where minimum wage, unpaid wage, and overtime violations exist.
• Union membership claims – Employers cannot retaliate against an employee for forming, joining, or participating in union events. Labor laws also makes it unlawful for employers to retaliate against employees who deny or resign from a union membership.
• Benefits claims – In California, Labor Code 132(a) prohibits employers from retaliating against workers who file or are planning to file a workers’ compensation claim. In other words, employers cannot terminate or discriminate against a worker for bringing benefits. Additionally, workers can be awarded money damages such as lost wages, back pay, attorney fees, and possibly job reinstatement.
• Discrimination or harassment claims – It is against the law for employers to retaliate against employees who file a claim for discrimination or harassment. Claims can include sex discrimination, sexual orientation discrimination, age discrimination, race discrimination, religious discrimination, and other forms of discrimination or harassment.

Laws That Protect Against Workplace Retaliation

The California workers are protected from retaliation by state and federal laws. The primary law that protects workers from workplace retaliation is California Labor Code 1102.5 which is a whistleblower protection law. This law prohibits employers from retaliating against employees who:

• Reports suspected law or regulatory violations to a supervisor.
• Reports suspected unlawful activities to a law enforcement or government agency.
• Testifies or provides information to a government body regarding a potential law violation by the employer.

Other important whistleblower laws that protect California workers include:

• Labor Code Section 98.6 – For retaliation after filing a complaint regarding labor code violations with the Department of Fair Employment and Housing (DFEH) or Labor Commissioner.
• Labor Code Section 6399.7– For retaliation for filing a complaint or testifying against an employer regarding workplace safety and health problems.
• Government Code Section 12653 – For retaliation after reporting fraudulent or illegal billing involving the government. This law covers California employees, contractors, and agents.

Additionally, federal employees are protected from workplace retaliation under the Whistleblower Protection Act (WPA) and the Whistleblower Protection Enhancement Act (WPEA).

In addition to the laws mentioned above, California workers are further protected by the Fair Employment and Housing Act (FEHA) and California False Claims Act.

• Fair Employment and Housing Act (FEHA) – FEHA is one of the primary laws that protect California workers from discrimination and retaliation in the workplace. Additionally, workers are also protected from employment retaliation if the engage in the following:
  • Oppose discrimination or harassment at work.
  • Oppose an employer’s refusal to approve family or pregnancy leave.
  • File a discrimination or harassment complaint.
  • Testify or participate in FEHA proceedings.
  • Request reasonable accommodations for disability or religious beliefs.
• California False Claims Act (CFCA) – The California False Claims Act protects you from workplace retaliation when you file or assist with a qui tam lawsuits (which is a type of whistleblower lawsuit under the False Claims Act). This enables employees to file a qui tam lawsuit against their employer who engages in unlawful activities such as theft, embezzlement, or fraud against a government agency. Some of the specific activities prohibited under CFCA include:
  • Knowingly presenting a false or fraudulent claim for payment or approval.
  • Knowingly making, causing, or using a false record or statement to make a false or fraudulent claim.
  • Knowingly delivering or making a receipt that falsely represents property used by a local or state government.
  • Failure to disclose a false claim to the government after benefiting from the claim.

What Should You Do If You Are a Victim of Employment Retaliation?

If you are a victim of employment retaliation, keep in mind that you have legal rights and may be entitled to compensation. To protect your rights, there are several steps you can take to build a case against your employer including:

• Remain calm – It is completely understandable that things may be extremely difficult if you have been discriminated against or harassed at work and are facing retaliation after exercising your rights by complaining about the unlawful behavior. However, it’s important to try and remain calm in these situations to avoid saying or doing certain things to your employer out of anger or frustration that may enable your employer to justify their adverse actions against you.
• Document everything – Save all forms of written communication between you and your employer including emails, internal memos, texts, instant messages, and performance reviews. A paper trail can be very helpful when you are looking to file an employment retaliation lawsuit and can serve as evidence that the adverse actions taken against you were a form of retaliation.
• Proactively communicate – Speak to your supervisor, manager, or human resources representative about the discrimination or harassment. If possible, speak directly to the person committing the retaliation or allowing it to happen. Communicate proactively and try to resolve any type of miscommunication that may have given the appearance of retaliation.
• Follow internal procedures – Many employers have formal policies and procedures set in place that prohibit workplace harassment, discrimination, and retaliation. Read through your company’s employment manual and if you don’t have a copy, ask for one. Typically, your first step may require you to file an internal complaint since many employers have an internal complaint procedure to resolve incidents of harassment and discrimination.
• Don’t post on social media – While social media can be a great way to keep in touch with friends and family, it can be detrimental to your workplace retaliation lawsuit. If you have an ongoing lawsuit, it’s best to stay away from posting or sharing content on any social media platform including Facebook, Twitter, Instagram, YouTube, LinkedIn, TikTok, or Snapchat.
• Contact proper authorities – If you have been sexually or physically assaulted, contact your local law enforcement agency right away. It’s important that you call the police as soon as possible and file a complaint against the individual who assaulted you. Additionally, you can file a complaint with the EEOC and begin a discrimination charge process through their online web portal. Filing a complaint with the EEOC is free and available to the public.
• Speak with an employment retaliation lawyer – Regardless of whether you filed a discrimination complaint internally with your employer or through the EEOC, it may also be a good idea to seek legal representation. Obtaining the assistance of an employment retaliation lawyer can be extremely valuable when it comes to guiding you through the legal process of filing an employment lawsuit.

If your discrimination or harassment issues do not get resolved whatsoever, by filing a workplace retaliation lawsuit against your employer may be your best option to getting the justice and compensation you deserve. At Law Mart, our experienced workplace retaliation attorneys accept clients on a contingency basis and don’t charge you anything unless we win your case. Our No Win, No Fee guarantee enables our clients to focus on the issues at hand rather than worrying about having to pay for any upfront legal fees.

How to File a Workplace Retaliation Claim in California

The process for filing a workplace retaliation claim in California will depend on the circumstances of the retaliation you experienced and the statute it falls under. Below are ways to file a workplace retaliation claim based on the type of claim:

• FEHA retaliation claims – The first step is to file a complaint with the Department of Fair Employment and Housing (DFEH). After DFEH issues you a right to sue notice, then you can sue your employer for retaliation.
• Labor Code 1102.5 retaliation claims – First, you must notify the California Labor and Workplace Development Agency (LWDA) and your employer about your complaint. LWDA will decide whether they will investigate your complaint. If they do not, then you can file your own retaliation lawsuit.
• Qui tam retaliation claims –Qui tam lawsuits are a type of whistleblower lawsuit. As a California worker, you have the right to file a qui tam lawsuit against your employer for any violation of the California False Claims Act.

An experienced employment law attorney can help you navigate the correct steps to take to protect your legal rights and pursue a claim for retaliation at your work. Noneless, keep in mind that workplace retaliation claims can be complex to prove since retaliation isn’t always immediately obvious. Your employer probably would not specifically state that the reason for your termination or demotion is because of retaliation but rather your performance. Oftentimes, retaliatory behavior is more subtle. For example, common signs of subtle workplace retaliation include receiving unfair performance reviews or getting assigned unfavorable work shifts that are opposed to your schedule.

At Law Mart our employment lawyers will help you collect evidence and build a case against your employer. Workplace retaliation victims are entitled to damages and our lawyers can help you obtain the maximum compensation for your losses.

How to Prove Workplace Retaliation?

State and federal laws protect workers from workplace retaliation. Specifically, employers cannot punish you for asserting your employment rights at work. But unfortunately retaliation still happens at work. In the past several years, more than a third of the discrimination charges filed with the EEOC included a retaliation claim.

When you file a workplace retaliation lawsuit against your employer, there are three elements you will need to prove including:

1. You engaged in a protected activity – When an employee refuse to comply with an order that is considered illegal by federal law such as harassment or discrimination, they are engaging in a protected activity. Federal laws prohibit discrimination and retaliation against employees who engage in protected activities. Additionally, employees are also protected from retaliation when they participate in an internal investigation.
2. Your employer took a negative or adverse action – Any kind of negative or adverse action taken against an employee may be considered retaliation, especially if the action may have deterred the employee from engaging in a protected activity or making a complaint. Common examples of adverse or negative actions include termination, demotion, salary cuts, transfer to a different job location, negative job evaluations, change in job assignments, or changes to any other conditions or terms of employment.
3. The retaliation was because of your engagement in a protected activity – In a workplace retaliation claim, it’s often not enough for employees to simply show that they engaged in a protected activity and experienced adverse actions. Rather, employees must also prove that the two incidents are connected. To put it another way, employees must show that their engagement in a protected activity caused workplace retaliation. Protected activity refers to participation in a process that opposes harassment or discrimination. Examples of protected activities include:

• Participation in an investigation – Employees may be protected from workplace retaliation if they filed a charge, testified, assisted, or participated in an agency hearing, investigation, or legal proceeding against their employer. Among other labor laws, participation in an investigation is protected under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the American with Disabilities Act (ADA).
• Opposition – Employees may be protected from retaliation for opposing illegal conduct by their employer which includes speaking out against an employer’s perceived discrimination, harassment, or other illegal behavior.

Proving workplace retaliation can be very challenging unless an employer blatantly admits it or makes a written or verbal threat. Generally, you must prove that there was a causal connection between the protected activity you engaged in and the adverse action of your employer. Although proving that your protected activity was the cause of your employer’s action can be difficult, a workplace retaliation lawyer can help you prove causation by showing three things:

• Timing – The timing of your employer’s adverse actions is important. If you can prove that the time between your action and your employer’s retaliation is short, that will be very helpful for proving your case.
• Your employer’s knowledge – If you can prove that your employer or the person who retaliated against you was aware of your report, complaint, or protected activity before they took an adverse action, it will help prove causation for your case.
• No other reasonable explanation – It will strongly help your case if your employer cannot come up with a reasonable explanation for their negative actions.

Other evidence including your coworker’s testimony, employer’s social media account history, and other patterns of behavior between you and your employer can be used as evidence to build a case against your employer. An experienced workplace retaliation lawyer can help you determine the necessary documents and types of evidence needed to prove your case.

Workplace Retaliation Claim Statute of Limitations

In the State of California, the law for statute of limitations refers to the deadline before you must file a case. If you missed the deadline, then you will no longer have the right to go after your case. With workplace retaliation claims, the statute of limitations depends on the situation. Since filing a lawsuit for employment retaliation can involve one or more types of employment law, the deadline for each may vary.

For example, if you filed a retaliation lawsuit against your employer because you were terminated for opposing racial discrimination at work, you would have one year to obtain a right to sue letter from DFEH and one year to file your case. However, you may also decide to file a wrongful termination claim which has a two-year limit statute of limitations. It’s important to note that the deadlines differ for those working for the government. Employees working for a city, state, or federal agency have a six-month statute of limitations to file a claim against their employer.

Avoid missing any statute of limitations and ruining your chances of obtaining justice against your employer. If you have been retaliated against at work, it is best to seek the help of a workplace retaliation attorney who can help you with your case.

Compensation in a Employment Retaliation Claim

If you feel you are a victim of illegal treatment at work, our workplace retaliation lawyers can assist you obtain the justice you deserve. Our employment attorneys will hold your employer responsible for their misconduct and secure the fair compensation you deserve for your suffering. Individuals who win workplace retaliation cases may be eligible to collect economic and non-economic damages for their losses. Economic damages are verifiable monetary losses such as lost wages. Non-economic damages are subjective, non-monetary losses like pain and suffering. Based on your situation, you may be entitled to the following compensation:

Economic damages:

• Lost wages
• Lost benefits
• Back pay
• Lost job opportunities
• Lost benefits

Non-economic damages:

• Pain and suffering
• Emotional distress

Those victims of workplace retaliation may also claim for damages that harm their professional reputation, attorney’s fees, and punitive damages rendered. These Punitive damages are intended to punish employers for their outrageous conduct and to deter others from acting in a similar manner for anyone in the future. Each case is different and the types of compensation each victim may be entitled to will vary. It’s imperative to speak  with a retaliation workplace lawyer to find out which damages may apply to your situation. 

Contact Law Mart Today

California workers should not have to suffer for exercising their workplace rights at work. At Law Mart, we know that employment disputes may not only cost workers their jobs but also have harmful effects on their mental, emotional, and financial livelihood. If you believe you have been harassed, discriminated, or retaliated against at work for engaging in protected activity, our workplace discrimination attorneys can assist you and protect your rights.

Learn more about your legal options and what you need to do to prove workplace retaliation by scheduling a free, initial consultation with our workplace retaliation attorneys today by calling (310) 689-6413. Our clients have a No Win, No Fee guarantee­– and that means that if we don’t win your case, you don’t pay us anything.

Workplace Retaliation Lawyer FAQs

Can I sue for workplace retaliation?

If you’re a victim of workplace retaliation, you can file a lawsuit against your employer under various employment laws. For example, if you believe you are victim of whistleblower retaliation, you may file a claim under Labor Code 1102.5 LC. If your employer retaliated against you for exercising your workplace rights under the Fair Employment and Housing Act (FEHA), you must first file a complaint with the Department of Fair Employment and Housing (DFEH). After obtaining a right to sue notice from DFEH, you can sue your employer for workplace retaliation. Workplace retaliation victims can also sue their employer under the California False Claims Act which protects employees for reporting possible fraud.

What qualifies as retaliation in the workplace?

In California, workplace retaliation applies to the career damaging behavior an employer may take in to punish an employee who reports, complains about, or participates in the investigation regarding employee rights or illegal workplace activity. Workplace retaliation can include any adverse or negative job action such as discipline, demotion, firing, salary reduction, or shift or job reassignment.

What are 3 examples one can experience retaliation in the workplace?

Three examples of workplace retaliation include terminating the employee, changing his or her job duties, and decreasing an employee’s pay or reducing their work hours. There are numerous ways an employer can retaliation against an employee for exercising their legal rights. Some retaliatory behavior such as termination can be pretty obvious but others can be more subtle such as making adjustments to your work schedule because you filed a complaint or engaged in a protected activity.