Workplace retaliation in California takes place when an employer punishes an employee for engaging in legal activity protected under state and federal law. Workplace retaliation can include any of the following actions:
In California, workplace retaliation is considered illegal when the employer punishes his employees for the following actions:
The employee, who engaged in protected activity and was demoted or terminated as a result can file a claim with DFEH under the Fair Employment and Housing Act(“FEHA”). In order to preseve your right, the employee must file a claim with DFEH within 1 year from the time of the retalation.
The department will investigate the claim and if there is enough evidence, proceeds with the claim. If not, the claim will be closed. Then the employee will be able to file a lawsuit against his employer.
By filing a lawsuit, an employee can recover compensation for:
An employee is also protected from workplace retaliation under federal law in case he files a harassment or discrimination complaint at work either internally or to an outside body like the Equal Employment Opportunity Commission. Federal law also protects an employee who cooperates in Equal Employment Opportunity Commission investigations or serves as witnesses in EEOC litigation or investigations.
According to California Labor Code Section 1102.5, an employee can sue his employer for retaliation in case:
It is important to mention, that the employee is not required to prove the employer’s action was illegal to establish the claim. To prove a retaliation claim in California, an employee must show the following:
Very often retaliation and whistleblowing claims are discussed interchangeably however, they are not identical.
Whistleblowing typically involves complaints or claims which focus on activities prohibited by law and activities that compromise public safety. A retaliation claim is more connected with individual employee rights, such as the right to speak up against harassment, the right to be paid overtime, etc.
Under California law there are the following types of retaliation claims:
If you believe that you have been retaliated against your employer we invite you to contact our Los Angeles employment law attorney California Employee Retlation attorney today at (310) 943-1171.
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