Employees in California are strictly protected from unlawful workplace discrimination and harassment based on many protected characteristics. However, when an employee believes they have been treated wrongfully, they might hesitate to report the matter to their employer. This is often because they fear their employer will take action against them in response to their complaint.
The good news is that the law also protects employees from retaliation by an employer when they make a good faith complaint about unlawful conduct. The bad news is that employers often disregard this aspect of the law and might retaliate against employers anyhow.
How do you know when your employer retaliated against you? Retaliation involves adverse employment action in response to an employee exercising a legal right. First, you must have exercised a right, such as complaining of harassment or discrimination. Rights can also include filing FMLA requests or workers’ compensation claims, refusing to engage in unethical or illegal conduct, whistleblowing, and more.
Next, you must be able to identify an adverse employment action against you following your complaint or other lawful action. Such adverse actions can include:
If you experienced any of these – or other unfair treatment – after making a complaint, you need legal assistance right away.
It can be difficult to prove unlawful retaliation by an employer, so it is critical that you speak with a Los Angeles employment attorney as soon as you suspect that your employer has violated the law. At the law office of Martin & Bontrager, we represent clients whose employment rights were violated in many ways. Call 323.940.1700 or contact us online to discuss a possible case.