Employees should be able to raise workplace concerns and exercise legal rights without being punished for doing so. California law prohibits retaliation in many situations, but retaliation can be difficult to recognize because employers rarely label an action as retaliatory.
What Is Protected Activity?
Protected activity depends on the law involved. It can include reporting discrimination or harassment, complaining about unpaid wages, reporting unsafe conditions, filing a workers’ compensation claim, participating in an investigation, requesting protected leave, or reporting conduct reasonably believed to be unlawful.
What Can Retaliation Look Like?
Retaliation can include firing, suspension, demotion, transfer, reduced hours, reduced pay, discipline, threats, denial of opportunities, or other negative treatment. The Labor Commissioner enforces numerous California laws that prohibit retaliation.
How Is Retaliation Proven?
Evidence may include timing, statements by decision-makers, changes in treatment after a complaint, inconsistent explanations, departure from company procedures, comparator evidence, or documents showing hostility toward the protected activity.
What Should I Save?
Preserve the complaint or report you made, HR communications, performance reviews, schedules, warnings, pay records, emails, texts, witness names, and documents showing how your treatment changed afterward.
Protect Your Rights
If you believe your employer punished you for speaking up or exercising a workplace right, contact North Law for a free confidential consultation.