Workplace retaliation refers to instances when a manager, supervisor, coworker, or employer punishes an employee for engaging in a legally protected activity. This form of retaliation is illegal nationwide, including in California. If you believe that you’re a victim of workplace retaliation, the experienced attorneys at The Law Offices of Jacob Emrani have some helpful information regarding what defines this type of retaliation, some common examples to consider, the evidence required to support your claim, the types of compensation that may be available, and tips to ensure that your rights are protected.
What Is Workplace Retaliation?
Retaliation in the workplace is legally defined by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor. EEO laws prohibit employers from punishing job applicants or employees who assert their right to be free from discrimination, including harassment and other adverse actions. When an employee asserts these rights, it is called a “protected activity” and may refer to several things, including:
- Making a reasonable request for accommodations for a religious belief or disability.
- Opposing or reporting workplace discrimination or sexual harassment.
- Filing as or acting as a witness in an official EEOC or Wage and Hour Division (WHD) lawsuit, charge, or investigation.
- Refusing to follow certain directives that you believe may be illegal or discriminatory.
- Taking legally protected time off, such as medical leave or serving on jury duty.
- Reporting labor law violations for things like unpaid wages or overtime violations.
- Reporting known violations of workplace safety protocols and standards.
Common Examples of Retaliation
Employee rights in California are designed to protect workers from retaliation and discrimination and make it illegal for employers to fire, demote, reduce pay, or suspend workers for exercising their labor rights. Senate Bill 497 clearly states that there is a presumption of retaliation if any adverse action occurs within 90 days of a protected activity. Workplace retaliation can be subtle or overt and comes in many forms that don’t always result in immediate termination.
Here are some common examples of workplace retaliation:
- Material punishment: This type of retaliation occurs when an employee is demoted, their pay rate or hours are reduced, they’re denied a deserved promotion, or they are fired after participating in a protected activity.
- Job modifications: The employee may experience retaliation if they are unjustifiably reassigned to a different, less desirable shift, location, or department with little or no explanation.
- Workplace isolation: An employee may suddenly receive different treatment, be given the “cold shoulder,” and be excluded from important meetings, training sessions, or workplace events, or be blacklisted from future advancement opportunities.
- Unreasonable or excessive scrutiny: The employee begins to be micromanaged, their work schedule is changed to create personal difficulties, or they receive false or unwarranted negative performance reviews.
- Threats or intimidation: The worker begins receiving threats or verbal abuse from a supervisor, coworker, or boss, including false rumors about them, threats to fire them, or immigration-related threats.
Evidence That Supports a Claim
Can I sue my employer for retaliation? The answer is yes, as long as you make sure that you have strong evidence to support your claim. The three “pillars” of a worker retaliation claim that must be proven include evidence of protected activity, adverse reaction, and causal connection. Keep detailed, chronological records of dates, times, locations, and exactly what happened, and save copies of any relevant messages, emails, performance reviews, and other correspondence.
Evidence of Protected Activity
You must prove that you engaged in an action that is protected by labor laws, including written complaints (emails, letters, or official HR forms) reporting wage violations, harassment, discrimination, or unsafe working conditions. If you’re facing whistleblower retaliation, you can also submit evidence of records showing that you filed a report, testified, or cooperated with the EEOC or U.S. Department of Labor.
Evidence of Adverse Action
Any evidence of adverse action documents negative changes to your working conditions or employment status. This may include written letters or notices of reprimand, termination letters, or a formal performance review. It may also include pay stubs that show a reduction of working hours, demotion documents, or proof that you were reassigned to a less desirable shift.
Evidence of Causal Connection
The third pillar of a workplace retaliation case, causal connection, is often built using circumstantial evidence. For example, there’s suspiciously close timing between the protective activity and the adverse action, such as being demoted shortly after filing a harassment complaint with your HR department. Providing documentation demonstrating that you were demoted or disciplined for an infraction that would normally go unpunished for other employees is also helpful.
Compensation Available
After consulting with an experienced retaliation attorney and filing your claim, you may be eligible for the following types of compensation if you win your case:
- Back pay: You may receive compensation for lost wages and benefits from the date of the retaliation up to the date of the judgment or settlement.
- Front pay: If you can’t return to your job, you may still receive compensation for future wages and benefits that you could lose as a result of not returning to work for your original employer.
- Emotional distress: You may be eligible for damages for emotional distress, including depression, anxiety, or mental anguish caused by the retaliation.
- Punitive damages: The court may award additional damages to punish the employer and deter future offenses in cases of extreme or egregious misconduct.
- Attorney’s fees: In most successful workplace retaliation cases, you may also receive reimbursement from the employer for reasonable legal fees and court costs.
Protecting Your Rights
When it comes to workplace retaliation, employee rights are protected under federal and state law. Employers are prohibited from firing, harassing, demoting, or cutting the hours or pay of employees who engage in protected activities. You have the legal right to file a workers’ compensation claim, report a workplace injury, and report discrimination, harassment, or unsafe working conditions without retaliation. You are also legally allowed to take protected medical or family leave without fear of retaliation from your employer.
Schedule Your Consultation With The Law Offices of Jacob Emrani Today
If you believe you’re a victim of workplace retaliation in California, you need an experienced attorney who knows how to fight for you. At The Law Offices of Jacob Emrani, we work hard to ensure that you receive the compensation you deserve. To learn more or schedule a free consultation with our firm, contact us today.