Retaliation
Employment retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities. These activities can include filing a complaint, reporting workplace misconduct, participating in investigations, or even asserting your legal rights. It is important to note that retaliation can take various forms, such as termination, demotion, reduced hours, or even a hostile work environment.
California law provides robust protection against employment retaliation. The California Fair Employment and Housing Act (FEHA) prohibits employers from retaliating against employees who engage in protected activities. Additionally, other state and federal laws, such as the California Whistleblower Protection Act provides further safeguards.
To establish a claim of retaliation, certain elements must be proven. Firstly, the employee must demonstrate that they engaged in a protected activity. This can be evidenced by providing documentation of complaints filed, witnesses to conversations, or any other relevant evidence. Secondly, the employee must establish a causal link between the protected activity and the adverse action taken by the employer. This connection can be established through timing, direct evidence, or circumstantial evidence.
If you believe you have experienced employment retaliation, it is crucial to take action promptly. The first step is to document any incidents or conversations related to the retaliation. This documentation will serve as valuable evidence if you decide to pursue legal action.
Employment retaliation is a serious issue that persists in California. If you have questions about your legal rights, contact us today for a free consultation. There is no obligation and there are no fees unless you win.