Employees working for small businesses in Glendale often assume that California’s workplace protections only apply to large corporations with hundreds of employees. In reality, many California labor laws apply to employers of all sizes, from small family-owned businesses to startups throughout Glendale and the greater Los Angeles area.
If you reported workplace misconduct such as harassment, discrimination, unpaid wages, and unsafe working conditions and suddenly experienced termination, reduced hours, demotion, hostility, or intimidation, you may be the victim of unlawful workplace retaliation.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. Protected activities are actions employees are legally entitled to take without fear of punishment. For example, filing a workers’ compensation claim, requesting disability accommodations, reporting workplace harassment to HR, and participating in a workplace investigation are some of the most common types of protected activities people take at work.
Retaliation can occur before, during, or after an investigation into workplace misconduct. Importantly, California law does not require an employee to ultimately prevail on their underlying complaint in order to receive legal protection. In many cases, employees are protected from retaliation as long as they reported the conduct or participated in the complaint process in good faith.
Are Small Businesses in Glendale Subject to California Retaliation Laws?
Small businesses in Glendale are subject to California law, regardless of the type of business and employer size. As such, small Glendale businesses must still comply with numerous state labor protections that are enforced by agencies such as the California Civil Rights Department and the California Labor Commissioner’s Office.
For example, California Labor Code § 1102.5 prohibits employers from retaliating against employees who report workplace violations like wage theft, fraud, and unlawful business conduct to state agencies. Employers cannot legally fire or punish employees for exercising their rights.
What Are Examples of Retaliation by a Small Business?
Small business retaliation is often more subtle than retaliation at larger corporations because smaller workplaces tend to have closer personal relationships between owners, managers, and employees. Some of the most common examples of retaliation in Glendale workplaces include:
- Sudden Termination – An employee reports unpaid overtime or harassment and is fired days later for vague reasons such as “bad attitude” or “not being a good fit.”
- Reduced Hours or Pay – Employers may slash an employee’s schedule after they complain about labor violations.
- Demotion – A worker who reports discrimination may suddenly lose responsibilities, leadership opportunities, or commissions.
- Hostile Work Environment – Employers may retaliate by creating an uncomfortable or intimidating workplace through public criticism, isolation, and increased scrutiny.
- Threats Related to Immigration Status – In some cases, small business owners unlawfully threaten immigrant workers after complaints are made.
- Negative Performance Reviews – An employer may suddenly create a paper trail of disciplinary write-ups after an employee reports misconduct.
Why Retaliation Cases Are Common in Small Businesses
Retaliation disputes can be especially common in smaller workplaces because they may not have a human resources department, or that the employment policies may be informal and very limited.
In Glendale’s small business community, many workplaces rely heavily on close-knit operations and direct owner supervision. Unfortunately, a close-knit community can sometimes increase the risk of emotional or impulsive retaliatory decisions after an employee raises concerns.
Can an Employer Claim They Fired You for Another Reason?
In retaliation cases, many employers frequently argue that the adverse action was unrelated to the complaint. For example, an employer may claim the employee was terminated for legitimate reasons such as poor performance or attendance issues.
However, California courts often examine whether the employer’s explanation is legitimate or merely a pretext for retaliation by examining the evidence and if a correlation can be made. Evidence that may support a retaliation claim includes:
- Timing between the complaint and punishment
- Sudden disciplinary actions
- Inconsistent explanations
- Different treatment of other employees
- Text messages or emails
- Witness testimony
- Prior positive performance history
Are Glendale Employees Protected if They Work “At-Will”?
California is an at-will employment state, meaning employers can terminate employees for many lawful reasons. However, employers cannot legally terminate workers for unlawful reasons, including retaliation. Meaning that even at-will employees still maintain important protections under California employment laws.
Why Employees Often Stay Silent in Small Businesses
Many workers often fear reporting misconduct in small workplaces because the owners directly control schedules and pay, fear of losing income, or creating drama between coworkers are closely connected.
While workplace concerns are understandable, especially in smaller Glendale workplaces where employees may feel easily replaceable or isolated, California retaliation laws exist specifically to protect workers from specific situations like the ones mentioned.
Contact a Glendale Employment Lawyer if You Experienced Retaliation
Employees should not have to choose between protecting their job and reporting unlawful workplace conduct. Whether someone works for a large corporation or a small Glendale business, California law provides important protections against retaliation.
If a worker was fired, demoted, or punished after reporting workplace issues, the experienced legal team at Lawyers for Justice, P.C.® can deliver much-needed justice. With decades of experience representing workers from small businesses across California, the legal team at Lawyers for Justice, PC will ensure their clients receive the legal representation they need.
Call today at (818) JUSTICE or fill out the online contact form for a free case consultation.
Attorney advertisement by Arby Aiwazian of Lawyers for Justice, P.C., headquartered at 450 N Brand Blvd, Glendale, CA 91203
