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California Workplace Retaliation FAQs

February 15, 2020
Retaliation
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If your employer treated you unfairly or in a manner that was against the law and you reported it, you have certain protections against retaliation. This means that your employer cannot take adverse employment actions to punish you for engaging in legally protected activities such as reporting harassment or taking FMLA leave. Adverse employment actions can include firing you, demoting you, or reducing your salary. If you have questions about workplace retaliation, you are not alone. Read on and be sure to connect with a well-versed Redding workplace retaliation attorney who can help you file a retaliation claim.

What is Workplace Retaliation?

Retaliation in the workplace is any negative employment action taken against an employee who:

  • Filed or participated in the investigation of a discrimination complaint
  • Filed or participated in the investigation of a harassment complaint
  • Filed or participated in the investigation of a complaint about the violation of workplace law

The adverse action against the employee can be taken by fellow employees, managers, or supervisors or by the employer itself.

What are the Types of Workplace Retaliation?

Retaliation can commonly be in the form of firing an employee, but it can also take on many other ways such as:

  • Demotion
  • Discipline
  • Negative evaluations
  • Decrease in wages
  • Change in work or shift assignment
  • Job transfer
  • Hostile behavior or attitude
  • Decrease in benefits

Real-life examples of workplace retaliation include getting fired for reporting an illegal act or receiving a negative evaluation for filing a legitimate complaint. Being given more difficult duties or being let go because you complained about sexual harassment are also examples, as is changing your schedule because you reported discrimination.

Furthermore, any type of workplace retaliation is illegal if it pertains to:

Is it Really Workplace Retaliation?

Workplace retaliation is not always blatant. Some employers will attempt to make it seem like their adverse actions toward you are for other reasons such as your performance. If you have suffered any adverse employment action after reporting unethical or illegal activity in the workplace or taking part in an investigation for the same, it is time to speak with an experienced workplace retaliation lawyer in Redding.

An experienced attorney will be able to examine the facts of your circumstances to determine if legal action is warranted for the adverse actions you are facing or if your employer is genuinely justified in their actions. Keep in mind that only changes that have an adverse effect on your employment are retaliatory. For example, someone changing their attitude towards you is not retaliatory.

Are Employees Who Report Conduct that They Believe is Illegal Protected from Retaliation if the Conduct Turns Out to Not be Illegal?

Yes, as long as the complaint was made under a good faith belief. If an employee makes a complaint in good faith, believing that the conduct was unlawful, they are protected under the law. Even if the employer was not acting illegally, they cannot retaliate against the reporting employee.

What Should You Do if You Suffer Retaliation?

If you are suffering from retaliatory treatment other than termination, it is generally your responsibility to report it to your employer as soon as possible. The law mandates that employers investigate all claims of retaliation and that they take appropriate means to fix the situation immediately.

If you report the retaliation and nothing happens, you should file a complaint with federal or state authorities as this is required before a lawsuit can be filed. Filing a complaint allows the employer an opportunity to address the issue; however, in many retaliation cases, it is merely a step that must be followed in order to file a formal lawsuit.

Call a Dedicated Workplace Retaliation Attorney in Redding

If you believe you are the victim of retaliation, a Redding workplace retaliation lawyer is waiting to speak with you to hold your employer accountable for their illegal and unfair actions. Our dedicated legal team can review the aspects of your case to determine if you have a reason to file a retaliation claim against your employer. If so, we can handle your case for you from start to finish. In most cases, you only have a short amount of time to exercise your legal rights, making it imperative that you reach out for help as soon as possible.

Schedule your consultation today. Call Maire & Deedon at 530-246-6050, or if you prefer, use our convenient online contact form to reach out to us.