Employment Retaliation
Employment Retaliation Attorney: How Light & Miller Can Help You
Understanding Employment Retaliation
Employment retaliation occurs when an employer takes adverse actions against an employee for engaging in legally protected activities, such as reporting:
- Workplace discrimination
- Workplace harassment
- Unsafe conditions
- Participating in an investigation or lawsuit
Retaliation can manifest in various forms, including demotion, termination, salary reduction, or unwarranted disciplinary actions.
At Light & Miller, our dedicated attorneys are committed to defending your rights and ensuring that retaliation does not go unchallenged.
Under California law, a prima facie claim of retaliation requires a showing that:
1. The employee engaged in protected conduct; (such as reporting harassment or unsafe working conditions, a potential violation of the law, concerns about unpaid wages, etc.)
2. The employer took an adverse employment action against the employee (termination, suspension, reduction in pay)); and
3. The circumstances indicate a causal nexus between the protected activity and the adverse
employment action.
Courts will apply a three-step burden shifting analysis to retaliation claims:
1. The plaintiff employee first has the burden of establishing a prima facie claim,
2. If the employee does so, the employer may rebut the presumption by establishing a lawful, non-retaliatory reason for the adverse employment action, and
3. To prevail on his or her claim, the employee must then establish that the non-retaliatory reason presented was pretextual (or not genuine).
Effective January 1, 2024, SB 497 creates a rebuttable presumption of retaliation if an employer takes an adverse employment action against an employee within 90 days of that employee engaging in protected conduct. California Labor Code §§98.6(b)(1), 1197.5(k)(1). Employers
may rebut this presumption, but the burden is on the employer that it had a legitimate reason for terminating the employee.
SB 497 also provides that an employer is liable for a civil penalty not exceeding $10,000 per employee for each violation of the specified Labor Code sections that prohibit retaliation. The civil penalty will be awarded to the employee who suffered the violation. The civil penalty is in
addition to other remedies an employee may recover.
Contact Light & Miller Today
If you or a loved one has been affected by employment retaliation, don’t wait to seek legal assistance. Contact Light & Miller today for a free consultation. Let us help you navigate the legal complexities and fight for the justice and compensation you deserve.
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Call us at 925-932-7026 or fill out our online contact form to schedule your free consultation. Trust Light & Miller to handle your employment discrimination claim with the expertise and dedication you need to secure a favorable outcome.
Employment Retaliation Attorney Frequently Asked Questions:
1. What is workplace or employment retaliation?
Workplace or employment retaliation occurs when an employer takes any adverse employment
action against an employee because that employee engaged in a legally protected activity.
California and federal law prohibit employers from retaliating against employees for things like
reporting discrimination or harassment, participating in an investigation, taking protected leave,
or reporting a potential violation of the law.
2. What are some examples of protected activity?
Protected activity includes:
- Reporting discrimination or harassment: Reporting discrimination based on protected
characteristics like race, gender, religion, sexual orientation, or disability. - Participating in an investigation: Providing information or testimony in an internal
investigation or a government agency investigation (such as the Labor Commissioner,
EEOC or Civil Rights Division). - Taking protected leave: Taking leave under laws like the Family Medical Leave Act
(FMLA), the California Family Rights Act (CFRA), or for pregnancy disability leave. - Whistleblowing: Reporting suspected violations of the law or regulations.
- Requesting unpaid wages: Asking for unpaid overtime, commissions or threatens to
file a claim with the Labor Commissioner. - Raising concerns about unsafe working conditions: OSHA or CAL-OSHA violations
or reporting unsafe or unhealthy working conditions.
3. What are some examples of employment retaliation?
Retaliation can take many forms, including:
- Termination: Being fired or laid off.
- Demotion: Being moved to a lower-level position or reduction in job duties.
- Disciplinary action: Receiving a written warning, suspension, reprimand or other
discipline without justification. - Negative performance reviews: Receiving unfair or inaccurate performance
evaluations. - Harassment: Being subjected to a hostile work environment.
- Reduction in hours or pay: Having your schedule or compensation reduced.
- Denial of opportunities: Being passed over for promotions, training, or desirable
assignments. - Constructive discharge: Making working conditions so intolerable that the employee is
forced to resign
4. How can I prove workplace retaliation?
To prove retaliation, you generally need to show:
- You engaged in protected activity.
- Your employer took an adverse action against you.
- There was a causal connection between the protected activity and the adverse
action. This means you need to show that your employer took the adverse action
because of your protected activity.
5. What should I do if I believe I'm experiencing employment retaliation?
- Document everything: Keep records of any communications with your employer
related to the protected activity and the adverse action. This includes emails, letters, and
notes from meetings. - Report the retaliation: If possible, report the retaliation to your company's HR
department or a supervisor immediately. - Consult with an attorney: An experienced employment retaliation lawyer can help you
understand your rights and options.
6. Can I file a workplace retaliation claim even if my underlying discrimination or harassment claim is unsuccessful?
Yes. Even if you are ultimately unable to prove your initial discrimination or harassment claim,
you can still pursue a retaliation claim if your employer took an adverse action against you
because you complained about it.
7. What are the potential remedies for workplace retaliation?
If you win a retaliation claim, you may be entitled to remedies such as:
- Reinstatement: Getting your job back.
- Back pay: Receiving lost wages and benefits.
- Damages for emotional distress: Compensation for the emotional harm caused by the
retaliation. - Punitive damages: Damages designed to punish the employer for their conduct.
- Attorney’s fees: Having your legal fees paid by the employer.
8. Is there a time limit for filing an employment retaliation claim?
Yes. There are strict deadlines for filing retaliation claims, both with government agencies and in
court. These deadlines vary depending on the type of claim and the law involved. It’s important
to consult with an employment retaliation attorney as soon as possible to ensure you don’t miss
any deadlines that may jeopardize your rights.
9. What laws protect employees from retaliation in California?
California has strong anti-retaliation laws, including:
- Fair Employment and Housing Act (FEHA): Prohibits retaliation for complaining about
discrimination or harassment based on protected characteristics. - California Labor Code: Prohibits retaliation for reporting wage and hour violations,
workplace safety issues, or engaging in other protected activities. - Whistleblower Protections Act: Prohibits retaliation against an employee who reports
or discloses suspected violations of the law, even if it turns out not to be a violation of the
law.
10. Why should I hire an employment lawyer for a retaliation case?
An experienced employment lawyer can:
- Advise you on your rights and options.
- Help you gather evidence and build a strong case.
- Negotiate with your employer on your behalf.
- Represent you in court or in administrative proceedings.
- Ensure all deadlines are met and your rights are protected.
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