How Does California Law Define Workplace Retaliation?
In addition to federal protections such as the Civil Rights Act and the Family and Medical Leave Act (FMLA), California has robust state laws in place to protect workers, including protections against employer retaliation, but how does California employment law define workplace retaliation? Reach out to our experienced employment lawyers in Orange County for a free consultation today.
California follows the Department of Labor’s definition of employer retaliation as follows:
“Retaliation occurs when an employer (through a manager, supervisor, administrator, or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.”
Common Examples of Employer Retaliation in California Workplaces
Despite state and federal protections for California employees, employers sometimes retaliate against employees who exercise their rights, such as taking necessary medical leave, or after an employee files a harassment lawsuit against a manager or coworker. Common examples of employer retaliation include the following:
- Wrongful job termination
- Reducing an employee’s hours, pay, or benefits
- Creating a hostile work environment
- Purposeful exclusion from meetings
- Excluding an employee from educational and advancement opportunities offered to other employees of similar job positions
- Moving an employee’s office or workstation to a less favorable location
Any negative workplace outcome in response to an employee’s assertion of their legal rights is employer retaliation.
Protected Activities Under California’s Workplace Retaliation Law
The California Labor Code § 98.6,, states the following:
“A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter…”
The law describes the following protected activities:
- Exercising a right protected by the California Labor Code
- Filing a complaint or participating in a complaint
- Filing a workers’ compensation claim
- Taking medical leave under FMLA
- Filing or participating in a civil lawsuit against an employer
- Engaging in political activities
- Whistleblowing against employer wrongdoing or illegal activity
- Reporting a violation of federal wage and hour laws
- Reporting harassment or discrimination in the workplace
The state’s workplace retaliation laws prohibit employers from using adverse actions against an employee who exercises their legal rights in the workplace.
What to Do After an Employer Uses Workplace Retaliation Against You
It’s frustrating when an employer’s actions violate your rights, especially when that violation interferes with your ability to work and provide for yourself and your family. If your employer has retaliated against you for exerting your legally protected rights, it’s important to take action by doing the following:
- First, report the retaliatory action to your company’s HR department
- Document all instances of retaliation with the date, time, and action
- Preserve evidence, such as emails, memos, and performance evaluations
- Consult an employment lawyer
A California employment lawyer will advise you on how to file a formal complaint with the proper California legal entities, such as the California Civil Rights Department or the California Labor Commissioner’s Office. Then, you may file a lawsuit against an employer who uses workplace retaliation against you.
A successful lawsuit against an employer who retaliated against you for the lawful exertion of your rights not only brings the justice your case deserves, but may also recover compensation for your financial losses and emotional distress.