Workplace Retaliation Claims
Dealing with a hostile or toxic work environment can be tough for both employees and employers. Whether you are an employee facing unfair treatment or an employer dealing with accusations, an experienced employment law attorney can help you assess the situation and work on your behalf to protect your rights. At Chung & Reynolds, P.C., we have been defending and protecting the rights of employees and employers in Irvine and surrounding communities for over 30 years.
Understanding The Laws Against Retaliation In California
Both state and federal laws protect employees from workplace retaliation. California has robust laws in place to protect employees from retaliation and hostile work environments. The California Labor Code and the Fair Employment and Housing Act (FEHA) prohibit employers from retaliating against employees who engage in protected activities, such as reporting discrimination, harassment, or unsafe working conditions.
Additionally, federal laws like Title VII of the Civil Rights Act of 1964 and the Whistleblower Protection Act also provide protections against retaliation. These anti-retaliation provisions ensure that employees can report illegal or unethical activities without fear of reprisal. Both state and federal laws make it illegal for employers to take adverse employment action against employees who engage in protected activity.
What Qualifies As Workplace Retaliation Under California Law?
If an employee engages in a legally protected activity, and an employer takes an adverse action against the employee because of that legally protected activity, the employee may have a workplace retaliation claim. To establish a prima facie case of retaliation, the employee must show they engaged in protected activity. Legally protected activities can include:
- Reporting discrimination, harassment or illegal conduct
- Participating in an investigation
- Filing a complaint with the EEOC complaint process
The employee must also show that their employer took adverse action because of their engagement in a protected activity. Examples of adverse employment action can include:
- Wrongful termination or demotion
- Reduced hours or pay
- Negative performance reviews
- Constructive discharge (work conditions become so unbearable that the employee quits)
Even subtle actions, like creating a hostile work environment or giving unwarranted negative feedback, can be considered retaliatory if they occur because of the employee’s protected activity.
What Can You Do If Your Employer Retaliates Against You?
If you believe your employer has retaliated against you, it’s important to take action. Document every instance of retaliation, noting dates, times and specific details. Report the retaliation to your HR department and consider filing a complaint with the EEOC or the California Department of Fair Employment and Housing (DFEH). An experienced employment law attorney can help you assess your situation, explain your options and help you take the necessary steps to protect your rights.
How Long Do You Have To File A Retaliation Claim?
If you have experienced adverse employment action, it is important to act quickly. Filing deadlines and statute of limitations limit the time you have to file a claim. In California, you generally have up to three years to file a retaliation claim with the DFEH. However, it’s best to consult with an employment lawyer as soon as possible to ensure you do not miss any deadlines. Understanding the damages in retaliation cases is also important, as you may be entitled to compensation for lost wages, emotional distress and punitive damages.
Schedule A Consultation With An Employment Retaliation Attorney
At Chung & Reynolds, P.C., our employment retaliation attorneys are available by appointment to discuss your case and options. You can schedule an appointment by calling 949-345-1621 or by sending an inquiry through our website.