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Retaliation in the Workplace: Protect Your Rights with Rubin Law Corporation

         Employer Retaliation

Workplace retaliation in California occurs when an employer disciplines or punishes an employee for taking part in activities protected by law. An act of retaliation could be anything from firing the employee, reducing their salary, demoting them, or reassigning them to a different task or shift. Sometimes, the adverse nature of these actions is obvious, like when someone is fired; other times, it might not be so clear.

For instance, relocating an employee to a distant workplace location from their home or changing their shift to a night shift might seem legitimate, but it can have a serious impact on a parent with young children to look after. According to the U.S. Supreme Court, the key is to consider how these actions fit into the particular circumstances of the employee’s life. If the action taken by an employer would likely discourage a reasonable person from filing a complaint, then it’s considered illegal retaliation.

Laws Against Workplace Retaliation in California

Federal and state laws are in place to protect employees from retaliation if they report workplace discrimination or harassment. This protection holds whether they make these complaints within their company or to an external organization like the Equal Employment Opportunity Commission (EEOC). Employees are protected even if the claims they make are ultimately found to be incorrect, provided the complaints were made sincerely.

Additionally, these laws cover employees who help with EEOC investigations or who testify in cases related to these investigations. A decision by the Supreme Court further supports that employees who act as witnesses during internal company investigations are also protected. Other federal regulations protect other employee actions, such as whistleblowing on unsafe work conditions or taking leave that is covered under the Family and Medical Leave Act (FMLA).

If you are a worker in California, you are also protected by the law from retaliation by employers for filing a workers’ compensation claim. Under California Labor Code Section 132a, it is unlawful for an employer to fire, threaten to fire, or otherwise discriminate against an employee for filing a workers’ compensation claim or announcing an intent to file such a claim.

You Have Legal Protections Against Workplace Retaliation in California

It is against the law for organizations to directly or indirectly penalize employees for participating in certain activities, including:

  • Reporting illegal actions
  • Filing wage or discrimination claims
  • Whistleblowing on fraud
  • Making safety complaints
  • Refusing to partake in illegal activities

Retaliation can be blatant, like firing or openly criticizing an employee for making such reports. It can also be more subtle, such as relocating an employee to a less desirable office, excluding them from meetings, unjustly penalizing them, giving unjust negative reviews, denying promotions or raises, sidelining them from key programs, increasing their workload, or mandating unwanted leave.

In October 2023, Senate Bill No. 497 was signed into law by California Governor Gavin Newsom. Scheduled to go into effect on January 1st, 2024, this law (Equal Pay and Anti-Retaliation Protection Act) has amended existing sections of the California Labor Code — sections 98.6, 1102.5, and 1197.5.

The key change brought by this law is the introduction of a “rebuttable presumption” of employer retaliation. This means that if an employee faces negative actions at work (like demotion, firing, or any punitive measures) within 90 days after they report a violation or engage in other protected activities (like filing a wage claim or participating in an investigation), it is presumed that the employer’s action was retaliatory. However, this presumption can be challenged or “rebutted” by the employer.

Under the previous laws, it was still illegal to retaliate against employees for these actions, but proving workplace retaliation cases was challenging without direct evidence. This law has now shifted some of that burden to employers and made it easier for workers to bring forward claims if they suspect retaliation.

Moreover, the new bill has increased the financial penalties for employers who violate these provisions. Under California’s whistleblower statute, the maximum civil penalty for each instance of retaliation has been raised to $10,000 per employee, per violation. Previously, the penalty was capped at $10,000 for each violation, regardless of the number of employees affected.

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What to Do if You are Facing Retaliation at Your California Workplace?

If you believe that your employer is retaliating against you, the first step is to speak with your supervisor or someone from the Human Resources Department. Explain the situation and ask why these actions are happening. Sometimes, there might be a reasonable explanation for what is going on. Maybe you have been switched to the day shift because it matches the preference you previously expressed, or perhaps a demotion was due to well-documented issues with job performance.

However, if the explanations you receive do not add up, be upfront about your concerns of retribution. It’s common for employers to deny such claims, and sometimes they might not even realize that that is what they are doing. You should be clear that the negative changes began only after you raised certain issues, and request that these actions be reversed or stopped.

If your employer refuses to acknowledge the situation or rectify it, be prepared to get legal representation from a proven California workplace retaliation lawyer. They will help you raise your concerns with the Equal Employment Opportunity Commission or California Civil Rights Department (formerly the Department of Fair Employment and Housing). They can offer guidance on what to do next and help you handle the situation.

If you decide to go to an external agency or file a lawsuit, you must have sufficient evidence to establish a connection between the action you took (like making a complaint) and the negative response from your employer. To that end, start documenting any actions from your employer that you think are revengeful. Gather any past information that can support your claim.  

For example, if your supervisor starts criticizing your performance only after you have lodged a complaint, try to find any emails or documents where they previously complimented your work. This kind of evidence can strengthen your claim by showing that the criticism started only after your complaint, suggesting it might be retaliatory.

Our California Workplace Retaliation Lawyers are Ready to Represent You

Suffering retaliation at work can be both financially and emotionally damaging. If you are terminated, you not only lose your income but also face harm to your professional reputation and disruptions in your career trajectory. Being punished for asserting your legal rights can also take a mental toll and affect your quality of life. Even subtle actions, like your boss making passive-aggressive comments, count as retaliation.

Remember, the law protects employees who report wrongful actions by their employers. If someone at work (who has authority over you) is discriminating or retaliating against you or creating a hostile work environment, reach out to attorney Steven Rubin at Rubin Law Corporation. We have been advocating for the rights of employees across California since 1985 and have obtained millions of dollars for our clients through out-of-court settlements and court verdicts. Fill out this online form or call (213) 996-0196 to schedule your free consultation with us.