What Is Workplace Retaliation Under California Law?
Workplace retaliation occurs when an employer takes adverse action against an employee because the employee engaged in a legally protected activity. For instance, protected workplace activities may include:
- Reporting workplace harassment
- Reporting discrimination
- Filing complaints with HR
- Reporting unpaid wages or overtime violations
- Requesting disability accommodations
- Taking protected medical leave
- Participating in investigations
- Reporting unsafe working conditions
- Filing workers’ compensation claims
- Whistleblowing against illegal business practices
Even if the employee’s complaint is ultimately not proven, California law protects workers who made complaints in good faith and explicitly prohibits employers from retaliating against employees
Common Examples of Workplace Retaliation in Glendale
Retaliation can occur in many forms and employers often attempt to disguise retaliatory conduct as legitimate business decisions or performance-related discipline. Some of the most common examples of workplace retaliation include acts such as denying promotions, reducing hours, exclusion from important meetings, and writing negative performance reviews. Additionally, if an employer’s actions have led to the constructive termination of an employee, they may have the grounds to file a workplace retaliation claim.
Why Workplace Retaliation Cases Happen in Glendale
According to city wide data and data from the U.S Census, Glendale has an estimated workforce of roughly 92,000 employed residents and about 50% of Glendale residents are foreign-born, making the city one of the more internationally diverse employment markets in Los Angeles County.
Glendale has a large workforce employed in healthcare, hospitality, and entertainment support services for major companies like DreamWorks Animation and Walt Disney Imagineering.
Due to the city’s multi-cultural workforce, retaliation claims are especially relevant among these communities, because employees may face language barriers, immigration-related fears, or concerns about reporting unlawful workplace conduct.
Some employers attempt to silence complaints by creating hostile work environments or retaliating against employees who report workplace violations. As retaliation becomes more common, many employees fear that speaking up could put their income, job security, and future career opportunities at risk.
Signs You May Have a Valid Retaliation Claim
Many employees realize something changed immediately after they reported workplace misconduct or exercised their rights like filing for workers compensation or taking a protected medical leave. In fact, some of the most common warning signs of workplace retaliation may include:
- Discipline shortly after filing complaints
- Sudden hostility from management
- Increased scrutiny for minors errors
- Negative reviews after years of positive feedback
- Exclusion from workplace communications
- Schedule manipulation
- Loss of career opportunities
- Pressure to resign
Even if workers believe there is a thin correlation, timing is often a huge indicator in workplace retaliation cases, because sudden adverse actions closely following a protected activity may help establish a connection between the complaint and the employer’s conduct.
What Compensation Can Be Recovered in a Retaliation Lawsuit?
Victims of workplace retaliation in Glendale may be entitled to compensation for any financial and emotional harm they have experienced. For example, potential damages may include:
- Lost wages
- Future lost earnings
- Emotional distress damages
- Punitive damages
- Attorney’s fees and costs
- Reinstatement
- Loss of benefits
- Bonuses and commissions
Additionally, if the severity of the retaliation claim is particularly malicious or if the employer has showcased oppressive conduct, then under California Civil Code § 3294, punitive damages may be available when employers.
How a Workplace Retaliation Lawyer Can Help
While it is possible to file a workplace retaliation claim on your own, it is highly discouraged to do so unless you have a strong understanding of the state’s labor laws. By hiring a workplace retaliation attorney, affected employees become less susceptible to negotiation tactics and lines of questioning that will discredit their evidence and minimize their claim.
Furthermore, employers often have corporate attorneys and HR departments protecting company interests and affected victims should have a lawyer to balance the scales and ensure their employer is held accountable for any misconduct they have committed.
What To Do If a Worker Experiences Workplace Retaliation
If a worker believes their employer has retaliated against them, it is important to preserve evidence as early as possible.
From saving emails and text messages to documenting workplace incidents in a journal, the more evidence a worker has to prove workplace retaliation, the stronger their claim will be.
If the worker can create a timeline of events with the evidence they have collected, their attorney can create powerful legal arguments to get them the justice they rightfully deserve.
Contact a Glendale Workplace Retaliation Lawyer Today
If a worker was punished for reporting discrimination, harassment, unsafe working conditions, wage violations, or other unlawful conduct, they may have legal rights under California labor laws. The legal team at Lawyers for Justice, P.C. is ready to help workers and get them the justice they rightfully deserve. With decades of experience representing clients from all walks of life, the firm is committed to help workers and hold negligent employers accountable.
Call the firm at (818) JUSTICE or complete the contact form to speak with an associate today.
