Addressing Retaliation in the California Workplace: Legal Remedies for Employees
If you are a California employee, you do not need to think twice before reporting any illegal activity occurring in your workplace. California state laws protect its worker’s rights not only from workplace harassment and discrimination but also from workplace retaliation against employees. First, you need to know what are signs of retaliation in the workplace. Then you can seek shelter under the existing retaliation laws of California. If you have experienced employer retaliation, the information may assist you in seeking legal recourse. Keep on reading
What is workplace retaliation?
Workplace retaliation is a situation when you face hostile behavior from your employer because of engaging in protected activities. If your employer violates the labor laws, you should report that to the law enforcement agency. In such cases, the employer takes adverse employment action like increasing workload, forcing the employee to resign, etc. These kinds of unwanted behavior will be considered workplace retaliation against employees.
What are the signs of retaliation in the workplace?
You may face different forms of retaliation in your workplace due to making reports of illegal activities. Some examples of workplace retaliation are given below for your better understanding.
- You got an increased workload than usual
- Your promotion is denied
- The company refused to let you use its resources
- You got excluded from important meetings
- You get differential treatment compared to your coworkers
- Employers begin selectively enforcing company policies on you
- Your employer takes disciplinary actions against you without appropriate reason.
What are the workplace retaliation laws in California?
According to California employment laws, your employer is prohibited to retaliate against you if you report any violation of law in the workplace or participate in the investigation of workplace harassment or discrimination. For such cases, you will be protected under the workplace retaliation provisions of California’s whistleblower laws and Fair Employment and Housing Act (FEHA) retaliation laws. FEHA will be applicable for you in scenarios when:
- You stood against workplace harassment, discrimination or denial of pregnancy and family leave. If you face adverse consequences in the workplace as an after-effect of these actions, you can seek protection under FEHA.
- You requested workplace accommodations for religious beliefs or observance or for a disability and got retaliated.
- FEHA will protect you if you filed a complaint against harassment or workplace discrimination and faced retaliation.
Can I sue my employer for retaliation?
You can. But you need to obtain a right-to-sue notice from Civil Rights Department to sue your employer. First, you need to file a formal complaint with CRD when your employer retaliates against you for exercising FEHA rights. Then they will conduct an investigation and review your case to make settlements. You will have to get the right-to-sue notice from them and sue your employer for workplace retaliation.
Final Words
When you know what are signs of retaliation in the workplace, it will be easier for you to take legal action against your employer. It is your state-given right to be safe from workplace retaliation. Hopefully, this article will be useful for you to pursue a safe work environment.
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