If you’ve been retaliation against by your employer for whistleblowing, or for exercising some other protected right. Then California law may entitle you to bring an action against your employer for damages.
Retaliation claims can confuse many would-be employment law plaintiffs, as it often begins as something incidental to their original concern. For example, an employee may initially concern about workplace safety. Once they complain about it to their employer. However, they subject to a variety of retaliatory conduct, such as a demotion or unreasonable shift changes. The employee’s laser focuses on their original complaint that they do not realize that they now have an actionable retaliation claim.
For clarity, let’s explore some of the basic elements of a retaliation claim.
California employers prohibit taking an adverse employment action towards an employee who has participated in a legally protected activity. Violations could lead to significant civil liability.
Protected activities include, but are not necessarily limited to:
The critical question in retaliation disputes is whether the employer took an “adverse employment action” against you. And if they did so in connection with your engagement in a protected activity.
Adverse employment actions need not be major decisions, such as the termination of employment. In fact, an adverse employment action may be a chain of events that design to make you more uncomfortable in the workplace and to thereby “punish” you for daring to engage in the protected activity (i.e., whistleblowing, complaining internally, etc.). In some cases, the chain of minor adverse employment actions is meant to slowly, but surely, get you to quit.
For example, your employer might give you extremely negative performance reviews that do not actually reflect your production in the workplace. And then they set lofty performance goals that they know you cannot meet. These actions intend to force you to quit, or otherwise to suffer the psychological burden of being under so much pressure at work.
Common adverse employment actions include:
The critical question in retaliation disputes is whether the employer took an “adverse employment action” against you. And if they did so in connection with your engagement in a protected activity.
Adverse employment actions need not be major decisions, such as the termination of employment. In fact, an adverse employment action may be a chain of events that design to make you more uncomfortable in the workplace and to thereby “punish” you for daring to engage in the protected activity (i.e., whistleblowing, complaining internally, etc.). In some cases, the chain of minor adverse employment actions is meant to slowly, but surely, get you to quit.
For example, your employer might give you extremely negative performance reviews that do not actually reflect your production in the workplace. And then they set lofty performance goals that they know you cannot meet. These actions intend to force you to quit, or otherwise to suffer the psychological burden of being under so much pressure at work.
Common adverse employment actions include:
It’s important to note that a retaliation claim will not succeed unless you can establish that the adverse employment action link to the protected activity. For example, if you complain to your employer about age discrimination around the office, and they subsequently denied you a promotion and gave you a string of negative performance reviews, that might still not be enough. You’ll have to prove (perhaps through the introduction of testimony by colleagues) that there was a causal link between your discrimination complaint and the adverse employment actions.
At Prestige Law Firm, our attorneys have extensive experience handling a wide range of employment-based disputes on behalf of employees, including retaliation, discrimination, and wage-related claims. We understand the unique challenges that employees face when being forcibly oppressed in the workplace, and commit to providing truly client-oriented and compassionate representation every step of the way.
Call 818-788-0808 / 661-341-3939 or send us a message online to schedule a free, confidential, and no-obligation consultation with an experienced employment attorney in Los Angeles at the Prestige Law Firm. We make ourselves accessible no matter where you’re located in the state of California. Though we operate two Southern California offices in Los Angeles County (Sherman Oaks and Palmdale), our attorneys regularly represent clients in Northern California, as well.
