Doing the right thing in the workplace can sometimes come at a cost. In California, however, employees are generally protected from retaliation for doing the right thing, such as reporting violations of the law or company policies or opposing harassment or discrimination. Matern Law Group, a leading plaintiff-side employment law firm, is committed to ensuring a safe and ethical work environment for all Californians.
This blog explores California’s strong anti-retaliation laws and how they protect you from being punished for reporting wrongdoing or opposing harassment or discrimination. For legal guidance tailored to your situation, reach out to Matern Law Group.
Fill out our online form or call 855-913-1134 to schedule your free consultation.
California workplace retaliation laws: Your shield
California’s Labor Code Section 1102.5, also known as the “anti-retaliation statute,” prohibits employers from retaliating against employees who engage in certain “protected activities.”
These activities include:
- Reporting violations of law: This covers a wide range of issues, such as wage theft, unsafe working conditions, discrimination, or harassment.
- Reporting ethics violations: If you witness or suspect illegal or unethical activity within the company, such as accounting fraud or environmental violations, you are protected when you report it.
- Cooperating with investigations: If you are interviewed by a government agency or participate in an internal investigation stemming from a reported violation, you cannot be penalized for doing so.
- Filing a complaint: Whether it’s a formal complaint with the Civil Rights Department (CRD) or a grievance filed through your company’s internal process, California protects you from retaliation for taking these steps.
What constitutes retaliation?
Workplace retaliation in California can take many forms, including but not limited to:
- Termination or layoff
- Quiet firing, or subtly encouraging the employee to resign
- Demotion or negative performance reviews
- Reduced work hours or pay cuts
- Increased workload or undesirable assignments
- Exclusion from meetings or projects
- Hostile work environment
The burden of proof: How to show you were retaliated against
California law uses a rebuttable “protected activity presumption” to help employees prove retaliation after they engage in one of the protected activities under California law, like reporting a legal violation or filing a complaint.
If you take one of these protected actions and your employer takes negative action against you soon after – such as firing you, demoting you, or cutting your hours – the law assumes there may be a connection. At that point, the burden of proof shifts to the employer — they must demonstrate a legitimate, non-retaliatory reason for the action. They must show that their decision had a valid, non-retaliatory reason.
If the employer provides a reason, you must offer evidence to show that the employer’s proffered reason is afalse excuse for retaliation. This process gives employees a fair chance to hold employers accountable when workplace retaliation in California occurs.
What can you do if you experience retaliation in the workplace?
If you believe you’ve been retaliated against for reporting a workplace violation or engaging in any other protected activity, there are steps you can take:
- Gather evidence: Document everything – dates, times, witnesses, emails, or any other details related to the violation and the alleged retaliation.
- Report the retaliation: Inform your supervisor or HR department about the retaliation.
- Seek legal counsel: A consultation with an experienced employment lawyer at Matern Law Group can help you understand your rights and explore legal options.
It is important to take these steps as soon as you can – complicated statutes of limitation pose risks to legal remedies for employees if they do not take action within a designated period of time. If employees swiftly take these steps and contact an experienced attorney at Matern Law Group, these risks can be minimized. Call us today at 855-913-1134 for a free consultation so we can explore your options.
Possible remedies for workplace retaliation in California
If you and your legal team are able to prove retaliation in the workplace, you may be entitled to a variety of remedies under California law. These can include reinstatement to your former position, back pay, compensation for emotional distress, and, in some cases, punitive damages.
Workplace retaliation in California may also lead to injunctive relief, meaning the employer can be ordered to stop ongoing harmful practices or change internal procedures. At Matern Law Group, we can evaluate your case and help you pursue the best possible outcome for your situation.
Don’t be silenced: Matern Law Group is here to help
California law protects your right to speak up about wrongdoing without fear of retaliation in the workplace. At Matern Law Group, we understand the difficult decisions employees face when reporting violations and the potential consequences of retaliation. We are committed to fighting for your rights and holding employers accountable for illegal retaliation.
If you have been retaliated against for reporting a workplace violation, don’t hesitate to contact Matern Law Group for a free consultation. We will review your situation and advise you on the best course of action. Together, we can ensure a safe and ethical work environment for all Californians.