Retaliation in the workplace can be a confusing and stressful experience for California employees. It can involve a wide range of behaviors, from being demoted or fired to receiving negative performance reviews, harassment, and even physical intimidation. Understanding your rights as an employee is essential in these situations, so you can take the appropriate actions to protect yourself.
Retaliation is illegal under California law, and it is defined as any adverse employment action taken against an employee who has engaged in protected activity, such as making a complaint about workplace discrimination or harassment, reporting violations of workplace health and safety regulations, or participating in an investigation or proceeding related to such complaints. If you believe that you are being retaliated against, it is important to act quickly to protect your rights and seek the advice of an experienced employment law attorney.
The first step in protecting yourself is to identify the signs of retaliation. Some common examples of retaliation include:
- Being denied a promotion or a raise after making a complaint about discrimination or harassment
- Being given negative performance reviews or discipline after making a complaint or participating in an investigation
- Being demoted or transferred to a less desirable position after making a complaint or participating in an investigation
- Being subjected to increased scrutiny or surveillance after making a complaint or participating in an investigation
- Being harassed, intimidated, or threatened by a supervisor or coworker after making a complaint or participating in an investigation
If you believe that you are being retaliated against, you should document any incidents that support your claim. This can include emails, memos, performance reviews, or other written communications from your employer. You should also keep a record of any conversations or meetings that you have with your supervisor or HR representative about the situation.
Once you have documented the evidence of retaliation, you should speak with an experienced employment law attorney. An attorney can help you understand your rights and provide guidance on how to proceed. They can also help you negotiate with your employer to resolve the situation or file a complaint with the appropriate agency if necessary.
If you file a complaint with the California Civil Rights Division (formerly known as the California Department of Fair Employment and Housing) they may investigate your claim and determine whether there is probable cause to believe that retaliation occurred. If they find probable cause, they may file a lawsuit on your behalf or issue you a right to sue letter, which allows you to file a lawsuit on your own.
In addition to legal action, there are other steps you can take to protect yourself from retaliation. You should continue to perform your job duties to the best of your ability and document any incidents of retaliation that occur. You should also seek support from friends, family, or a therapist to help you cope with the stress and anxiety of the situation.
In conclusion, retaliation in the workplace can be a serious problem for California employees, but it is important to remember that you have rights and options to protect yourself. By understanding the signs of retaliation, documenting any incidents, and seeking the advice of an experienced employment law attorney, you can take steps to ensure that your rights are protected and that you are not unfairly targeted for retaliation.
If you would like to speak with a legal team that exclusively practices in this area of law, give us a call at 855-IM-FIRED for a free case evaluation. Our attorneys have substantial experience with these types of cases representing older individuals who have been discriminated against in the past or who are currently experiencing age discrimination There are no up-front costs and you do not pay any attorneys’ fees unless we get a recovery in the case. Contact our Los Angeles California employment attorneys and lawyers now for all of your employee rights’ needs!