Employees have a number of rights guaranteed through California’s Fair Employment and Housing Act (FEHA), the Family and Medical Leave Act (FMLA), the California Whistleblower Protection Act, and several other laws. They also have the right to perform their job duties free from retaliation by their employers. When a worker experiences retaliation by their employer, they will typically have legal recourse. There are several steps that employees should take in order to demonstrate that retaliation has taken place.
Understand What Could Qualify As Retaliation in California
In short, retaliation occurs when an employer punishes their worker for engaging in activity that is protected under the law. For example, a worker may have reported unsafe working conditions at their job site. Retaliation can take many different forms in the workplace. This may include instances where workers are terminated, demoted, or given negative performance reviews shortly after engaging in protected activity.
Gather Documents Related to the Protected Activity
Workers should keep all of the records that show they were engaged in some type of protected activity. These records could include written complaints to human resources or a supervisor. Save anything related that will show you were asserting your legal rights in the workplace.
Document Your Treatment in the Workplace
Retaliation can often be subtle and evolve over time. Workers should track all negative actions that they have experienced after engaging in protected activity.
- Workers should keep track of all discipline that they experience.
- Workers should take note of any changes in job duties.
- Workers should keep track of negative comments or threats in the workplace.
- Workers should take note of changes to their hours or pay.
Employers often hope that employees who report misconduct voluntarily resign from their position. They could retaliate by creating intolerable working conditions to make this happen. This is known as “constructive discharge” and is illegal in California.
Look for Patterns or Comparisons with other Workers
It can be useful to examine how you are treated in comparison to your coworkers who were not engaged in any type of protected activity. Retaliation occurs when an employee is singled out for different treatment. When there is evidence that you were singled out for mistreatment while other employees were treated substantially differently, this can help strengthen your overall case.
Consult an Employment Lawyer
Victims of workplace retaliation do not have to go through their ordeal on their own. There are a number of reasons that workers should consider hiring an employment lawyer.
- Gathering Evidence: An attorney can help gather strong evidence in order to demonstrate that retaliation has taken place.
- Communication: An attorney can communicate with your employer on your behalf in order to reach a positive outcome.
- Legal Action: If your employer is not willing to reach a fair settlement, an attorney can pursue damages through a lawsuit.
It could be hard to know where to begin if you’ve experienced retaliation in the workplace. Seeking legal counsel is a crucial step to protect yourself from additional mistreatment.
Getting Legal Help After Workplace Retaliation
Despite the fact that it is illegal for employers to engage in retaliation, it is still quite common. If you’ve experienced retaliation in the workplace, you may be entitled to financial damages. The employment lawyers at The Labor Champ are here to help in any way that we can. We are committed to helping workers and holding employers accountable for their illegal conduct. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here for you. Contact us today for a risk-free consultation at 949-727-9300.
