What to Know

Retaliation in the Workplace in California

Retaliation Lawsuits. Los Angeles, California.

Retaliation claims

If a retaliation for whistleblowing resulted in demotion or terminating your employment, if you lost a job because you agreed to be a witness in an ongoing EEOC investigation or simply because you are related to the person who filed a complaint, call us at 888-762-0297 to discuss your case.

We don't charge for consultations.

We can help workers in Los Angeles and throughout California to resolve retaliation disputes with their employers.

What is retaliation?

The retaliation occurs whenever your employer takes negative actions against you for reporting harassment or discrimination. Whether you work at a hotel, software company, or at the hospital, if your boss retaliates against you after you filed a harassment or discrimination complaint, you may have a valid retaliation claim and need to consult a workplace retaliation lawyer.

Retaliation of witnesses

Retaliation laws in California protect witnesses who participate in the ongoing harassment or discrimination investigation. To learn more, call our office and ask to speak with a retaliation lawyer.

Retaliation by association

In some cases, the employees who have a close association with the person who filed a harassment or discrimination complaint can experience retaliation. It is called retaliation by association.

For example, threatening a family member (or sometimes multiple family members) who work for the same employer to get fired unless the person who filed an official complaint will withdraw their claim is retaliation by association.

Canceling a contract of the third-party vendor related to the person who filed a complaint, reducing their hourly rate, or the number of hours of services they provide is also called retaliation by association.

Signs of retaliation in the workplace

Retaliation can appear in many forms in any workplace. It may include:

Wrongful termination (lost a job),

Poor performance review,

Being denied a raise,

Having hours or pay reduced,

Receiving different treatment from coworkers with similar roles and responsibilities,

Restricted access to resources or training,

Being excluded from projects,

Having an unfair workload,

Assigned to non-desirable shifts.

What is NOT retaliation?

Even so, retaliation is prohibited, but not everything can classify as retaliation.

It is NOT a retaliation if your employer disciplines or terminates your employment because you neglected your job duties and violated your employer's rules or other misconduct.

At the same time, if your employer retaliates against you after you filed a complaint about harassment or discrimination against your boss, then your employer's actions are violations of the law.

How to document retaliation

Keep a record of every retaliation incident that occurred at your job.

The valid evidence of retaliation that could support your legal claim could be:

Emails,

Text messages

Phone messages.

You also need to prove that your boss knew that retaliation is a protected activity before the retaliation started. Did your boss get a letter from HR that you complained about harassment or discrimination? Did your boss or somebody who works with you get an email regarding your complaint?

If the letter from HR or emails regarding your complaint exists, save it.

California is a "two-party consent" state

Keep in mind, California is a "two-party consent" state, which means - recording any confidential communication, including a private conversation or a phone call, without the consent of all parties involved is illegal. See California Penal Code Section 632 for more information.

The same guidelines apply if you were a witness in an ongoing EEOC investigation.

What compensation to expect

The settlement for a retaliation claim may include compensation for:

a) Emotional distress (physical pain, loss of enjoyment of life and anxiety),

b) The harm to your professional reputation,

c) Lost wages.

For more information, call our office to speak with an employment lawyer who handles workplace retaliation cases.

California retaliation laws

California Labor Code 1102.5 LC.

California Fair Employment and Housing Act (the “FEHA”).

California False Claims Act.

Federal retaliation laws

Equal Employment Opportunity Act of 1972.

The Sarbanes-Oxley Act of 2002.

For more information

To discuss your case, call us at 888-762-0297 and ask to speak with a retaliation lawyer.

Your consultation will be confidential, informative, and free.

We take all cases on contingency and advance all costs for which we are reimbursed only after successfully recovering on your behalf.

We represent clients in Los Angeles, Sacramento, San Diego, San Bernardino, Santa Clara, San Francisco, San Jose, Oakland, Orange County, and throughout all of California.

Last updated on July 27, 2021.

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