Retaliation in the workplace is a serious issue that can have a significant impact on employees, and California employees have additional protections against retaliation compared to employees in other states. It occurs when an employer takes adverse action against an employee for exercising their legal rights, such as filing a complaint or participating in an investigation. Understanding what constitutes retaliation and knowing your rights as an employee is essential to protecting yourself from retaliation in the workplace.
In California, employees have the right to file a complaint or participate in an investigation without fear of retaliation. This includes filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) and participating in an investigation or proceeding related to discrimination, harassment, or retaliation.
Retaliation can take many forms, including termination, demotion, suspension, reduction in pay or hours, or any other action that would discourage a reasonable person from exercising their rights. It is important to note that retaliation can also occur when an employer takes action against an employee’s family members, friends, or associates in response to the employee’s protected activity.
The best way to protect yourself from retaliation is to be aware of your rights and to document any adverse actions taken against you. If you believe you are being retaliated against, it is important to report the behavior to your employer or to the appropriate government agency. You also have the right to file a retaliation complaint with the DFEH or the EEOC.
California employees also have the right to speak to an attorney, who can help them understand their rights and guide them through the process of filing a complaint or lawsuit. An attorney can also help you understand the nuances of California retaliation laws, and the best ways to prove that retaliation has occurred.
Employers also have the legal obligation to prevent retaliation in the workplace, and they should have policies in place to prevent retaliation and to address it when it occurs. Employers should be trained on these policies and should take any complaints of retaliation seriously.
If you think you may have a retaliation claim against your current or former employer, feel free to contact LaGuardia Law to discuss your situation. The consultation is free and LaGuardia Law takes most cases on a contingency basis.