California Workplace Retaliation Lawyer

Workplace Retaliation Attorney in California: Helping Clients Statewide

California is an "at-will employment" state. This means an employer can release an employee at any time without providing an explanation. However, certain circumstances protect employees from termination or other forms of retaliation by their employer.

Employers cannot retaliate against an employee for filing a complaint of discrimination or harassment with the Equal Employment Opportunity Commission (EEOC). Under California law, it is also illegal to retaliate against an employee for contacting an employment lawyer.

Additionally, federal law protects employees from facing retaliation for:

• Refusing to engage in illegal activities
• Serving in the armed forces reserves
• Requesting overtime pay or additional benefits

If you are a victim of workplace retaliation, don't handle your case alone. Reach out to the California retaliation lawyer at Polaris Law Group by calling (888) 796-4010 today.

What is Employer Retaliation?

Retaliation refers to negative actions taken against an employee who engaged in a legally protected act. This includes employees who file complaints, become whistleblowers, or assist in an FEHC or DFEH investigation.

While some forms of retaliation are obvious, others can be subtle and difficult to identify. Employers may create a hostile work environment in an effort to force an employee to resign.

Examples of employer retaliation include:

• Negative performance reviews
• Being overlooked for raises, promotions, or desired assignments
• Exclusion from staff meetings
• Reduction of salary or wages
• Forcing an employee to work a more demanding job without a suitable pay raise
• Forcing an employee to relocate, or denying a desired relocation
• Being fired

Retaliation often occurs when an employee reports discrimination or sexual harassment in the workplace. If you have reported such actions, it is important to seek legal advice from a California retaliation attorney.

Read: 5 Signs Your Boss May Be Retaliating Against You

Steps to Prove Employer Retaliation in California

If you believe you are being retaliated against, notify your supervisor, HR department, or business owner in writing. Keep a copy of your email or letter for your records. This gives the employer an opportunity to address the behavior while also providing important documentation for your case.

If the retaliation continues, your attorney can use your documentation to help build a case against your employer. You should also gather records of your treatment prior to the retaliation, such as positive performance reviews, to compare with your experiences after you reported misconduct.

To prove an employer retaliation case, you must show that:

• You engaged in a protected activity
• You experienced a negative employment action
• There was a link between the protected activity and the negative employment action

What Makes a Strong Retaliation Case?

A strong retaliation case in California requires three key elements: protected activity, adverse action, and a causal connection. Understanding these elements can help you determine if legal action is appropriate.

When building a strong retaliation case in California, consider these important steps:

• Thorough documentation: Keep records of all communications, complaints, and disciplinary actions, including emails and performance reviews.
• State law evidence access: Request copies of your personnel file under California Labor Code Section 1198.5 if needed.
• Witness support: Collect statements from colleagues or supervisors who observed retaliation.
• Detailed timelines: Record the series of events leading from your protected activity to the adverse action.
• Consult legal counsel: Early attorney involvement can assist with evaluating your evidence and strengthening your claim.

Employees thinking about a retaliation claim should document each instance of workplace communication or behavior that may signal retaliation. In California, state laws allow employees to request copies of personnel files under Labor Code Section 1198.5, which can help a workplace retaliation attorney in California review the facts in detail. Gathering statements from coworkers or supervisors who witnessed retaliatory behavior can be particularly helpful when they can provide unbiased accounts. Keeping notes made at the time of an incident also demonstrates the seriousness and authenticity of the employee’s reaction. Maintaining a clear and chronological record of protected activities and communications with HR or formal complaints under state or federal law is key for demonstrating how events unfolded—a point of focus in California workplace retaliation lawsuits.

Protected activity refers to what an employee does that is safeguarded by law. This may include reporting discrimination or harassment, filing a complaint with a government agency, participating in an investigation, or exercising workplace rights such as requesting reasonable accommodations. To establish a valid case, the employee must have engaged in activity protected by federal or California labor laws.

Adverse action is any negative treatment an employee receives as a result of engaging in a protected activity. This may involve termination, demotion, pay cuts, reassignment to less favorable roles, or any conduct that would deter a reasonable employee from exercising workplace rights.

The final and most critical element is proving a causal connection between the protected activity and the adverse action. This may include showing evidence such as the timing of the negative action, statements by supervisors, or a pattern of similar conduct.

To make your case compelling, you must provide clear evidence of these elements. Documentation, such as emails, performance reviews, or witness testimony, can strengthen your claim. Consulting an attorney is important for navigating employment law and building a strong case.

What is a Protected Activity?

Under federal laws prohibiting discrimination, there are two main types of protected activities:

• Opposition: Employees who oppose any act that is illegal under these laws, including discrimination, harassment, and retaliation, are protected. Those who make complaints and those who participate as witnesses in an internal investigation are protected as well. Opposition may include making complaints or refusing to go along with an illegal request.
• Participation: Employees who file a charge of discrimination with the EEOC or another state agency, participate in an agency investigation, or take part in a discrimination or harassment lawsuit are protected from retaliation.

What is Considered a Negative Action?

Any “materially adverse” action against an employee may be considered retaliation if it might discourage an employee from making a complaint or helping with an investigation.

Examples of negative actions include:

• Demotion
• Disciplinary actions
• Termination of employment
• Salary reduction
• Negative evaluations
• Transfer or denial of transfer
• Change in job assignments, job duties, or shift
• Change in terms or conditions of employment

How to Prove Causation

Perhaps the most difficult part of your case to prove, causation is the link between the protected activity and the negative action. You must show that your employer took adverse action against you because you engaged in a protected activity. If the employer had another legitimate reason, like a business restructuring, the action may not qualify as retaliation.

When looking to prove causation in a California workplace retaliation case, focus on these strategies:

• Direct evidence: Collect emails, recordings, or written statements that mention your complaint or protected activity.
• Timing analysis: Note any close timing between your protected action and the negative action.
• Knowledge evidence: Demonstrate that the decision makers were aware of your protected activity.
• Lack of alternative reasons: Document the absence of valid business justifications for negative actions.
• Legal support: Consult with a workplace retaliation lawyer in California for advice tailored to your situation and the requirements of California law.

Building a strong argument for causation may involve using both direct and circumstantial evidence. Employees preparing for a retaliation claim should organize any documents or materials that illustrate the employer’s motives and the timeline of events. Emails or messages where a supervisor refers to the employee’s protected activity may serve as helpful proof. Even without a direct admission, circumstantial evidence—such as a sudden change in job duties or the close timing between the complaint and negative action—can provide a strong foundation. California labor laws give employees the right to request records about disciplinary or adverse employment actions, which can help a workplace retaliation attorney California assemble the case. Gathering as much documentation as possible, including witness statements and official memos, equips your legal team to make a thorough argument.

It can be difficult to prove retaliation without your employer directly admitting it, but you may find evidence to support your claim, including:

• Timing: The adverse action comes directly after the complaint or other protected activity.
• Knowledge: The person taking negative action knew about your protected activity.
• Lack of other explanation: Showing no other likely cause for the negative action after your protected activity can help persuade the court the action was retaliatory.

If you think your employer has retaliated against you for speaking up about illegal practices, you deserve justice. At Polaris Law Group, we are committed to making sure all workers are treated fairly and are not punished for doing the right thing. Our California workplace retaliation lawyer can help you assess your situation and plan your next steps.

Recoverable Damages in a Retaliation Lawsuit

If your claim is successful, you may be entitled to recover damages.

Damages you can recover in a retaliation case include:

• Lost wages and back pay
• Lost benefits
• Emotional distress
• Punitive damages

At Polaris Law Group, Attorney Bill Marder stays current with changes in employment law. He has more than 25 years of experience addressing a wide range of employment law matters. Attorney Marder has also obtained significant compensation for clients in employment cases.

Frequently Asked Questions

How long do I have to file a workplace retaliation claim in California?

In California, you generally have a limited window to file a workplace retaliation claim. Deadlines depend on the agency or legal process, but most claims must be filed within one year of the retaliatory action. Consulting a workplace retaliation lawyer in California early can help you meet all timing requirements, especially if you need to file with an administrative agency before going to court.

Can I file a claim if I am still employed?

Yes, you can bring a retaliation claim even if you continue to work at the company. California laws protect both current and former employees. If you are facing adverse actions but have not been terminated, you should still document and report retaliation.

What should I do if my employer threatens me after I file a complaint?

If you receive threats or face further retaliation after filing a complaint, document each incident carefully. Consider reporting threats to HR or upper management, and consult a workplace retaliation attorney in California to discuss your legal options. You may have grounds for an additional claim if unlawful acts continue.

Will I have to go to court for my retaliation case?

Many retaliation cases in California are resolved without going to court, but some cases require litigation. The process depends on the details of your situation and whether a settlement can be reached outside of court. An attorney can guide you through negotiations and, if needed, trial in California courts.

Need legal advice? Contact us at (888) 796-4010 for a free consultation with our California retaliation lawsuit attorney at Polaris Law Group.