Retaliation Claims

Facing Unfair Treatment

No one should be punished for speaking up about their rights at work. If you believe your employer has taken adverse action because you reported unlawful conduct, requested accommodations, or exercised your legal rights, you may be experiencing retaliation. California law is clear: workers are protected from retaliation, whether the issue involves wrongful termination, wage and hour disputes, or workplace discrimination. Recognizing retaliation is the first step toward protecting yourself and your livelihood.

What Is Retaliation?

Retaliation happens when an employer punishes an employee for engaging in legally protected activities. This can include:

• Reporting workplace harassment or discrimination
• Filing a complaint about unpaid wages or overtime
• Requesting family or medical leave under the California Family Rights Act (CFRA)
• Participating in an investigation or lawsuit
• Requesting reasonable accommodations for a disability (disability rights)

Retaliation doesn’t always mean losing your job. It might involve demotion, reduced hours, unwanted transfers, or sudden negative performance reviews. If you’ve noticed changes at work after asserting your rights, it could be retaliation.

California Laws Protecting You

In California, several laws guard employees against workplace retaliation. Key protections include:

• Fair Employment and Housing Act (FEHA): Shields workers who report discrimination or harassment.
• Labor Code section 1102.5: Prohibits employers from retaliating against employees who disclose information about workplace violations.
• California Family Rights Act (CFRA): Protects employees who take job-protected leave.
• Whistleblower Protections: Safeguard those who report violations to authorities.

Federal laws like Title VII of the Civil Rights Act also provide anti-retaliation protections. California’s laws often go further than federal standards, offering broad coverage for workers across industries.

Employer Responsibilities

Employers in California must not retaliate against workers who:

• File complaints or participate in investigations
• Cooperate with government agencies
• Assert their rights to fair pay, safe workplaces, or leave
• Support colleagues who raise legal concerns

Employers should keep a workplace free from retaliation. They must investigate complaints promptly and take steps to prevent further harm. If you’re facing both retaliation and another workplace issue, such as hostile work environment, it’s important to document everything.

Building Your Case

If you suspect retaliation, taking action early can make a difference. Here’s what you can do:

• Document Everything: Keep a detailed record of workplace events, including dates, times, and people involved.
• Collect Evidence: Save emails, texts, performance reviews, and written warnings.
• Follow Internal Procedures: Use your company’s complaint process if available.
• Reach Out for Legal Guidance: Experienced employment attorneys can help clarify your rights and recommend next steps.

You can explore how to prove retaliation in the workplace to better understand evidence requirements.

What Damages Can You Recover?

Victims of retaliation may be entitled to compensation, which can include:

• Back pay for lost wages or benefits
• Reinstatement to your previous position
• Emotional distress damages
• Out-of-pocket expenses (like medical bills or job search costs)
• Attorney’s fees and court costs

The outcome depends on your specific circumstances. Learn more about legal protections against employer retaliation and what to expect from a claim.

Frequently Asked Questions About Retaliation Claims

What actions are protected from employer retaliation in California? California law protects employees who report discrimination, harassment, wage violations, unsafe conditions, or who take family leave, request accommodations, or participate in investigations.

How do I prove retaliation by my employer? You need to show a protected activity, an adverse action by your employer, and a connection between the two. Documentation of workplace changes after you assert your rights is key evidence.

Can I recover damages if I win a retaliation claim? Yes. Remedies may include lost wages, reinstatement, compensation for emotional distress, and attorney’s fees, depending on your case and the laws involved.

Is there a deadline to file a retaliation claim in California? Deadlines vary, but many claims must be filed with the Department of Fair Employment and Housing within three years of the retaliatory act. Acting quickly preserves your rights.

What should I do if I suspect I am being retaliated against at work? Document all incidents, use your employer’s complaint process, and consult an employment attorney to discuss your options and next steps.

Moving Forward with Confidence

If you think you’re facing retaliation, you’re not alone. Attain Law is committed to helping California workers protect their rights and restore fairness at work. For confidential legal advice, contact us today for a free consultation or call (888) 970-8627. We’re here to support you every step of the way.