WORKPLACE RETALIATION
Orange County Workplace Retaliation Attorneys
You stood up for what was right, and now you’re feeling the consequences at work. Maybe you reported harassment, blew the whistle on unethical practices, or simply asked for accommodations that you’re legally entitled to. Suddenly, you’re being treated differently, and not in a good way. Is this just in your head, or could you be experiencing workplace retaliation? It’s a serious issue, and if you’re facing it, you need to know your rights and what steps to take.
At Rankin Law Firm, we understand the complexities of workplace retaliation and are committed to ensuring that you’re treated fairly. If you’ve faced retaliation for doing the right thing, we’re here to help you fight back and secure the justice you deserve. Your voice matters, and with Rankin Law Firm, you’ll have the support you need to make it heard.
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WORKPLACE RETALIATION
What is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. This can manifest in various forms, from overt actions like termination to more subtle forms of mistreatment.
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WORKPLACE RETALIATION
Common Forms of Workplace Retaliation
Retaliation isn’t always as blatant as a pink slip. Often, it’s insidious, creeping into your work life in ways that can be hard to pin down. Here are some of the most common forms:
01
Termination or Demotion:
The most obvious form of retaliation is losing your job or being demoted after engaging in protected activity. If your employer suddenly finds fault with your performance and shows you the door, it might not be a coincidence.
02
Reduction in Pay or Hours:
A sudden cut in your hours or a reduction in your pay can also be a form of retaliation. If you notice a change in your paycheck after you’ve exercised your rights, it’s time to ask some tough questions.
03
Negative Performance Reviews:
Your work hasn’t changed, but your performance reviews are suddenly full of criticism. This could be a way for your employer to justify further punitive actions.
04
Transfer to Less Desirable Positions:
Being moved to a different department or given tasks that are beneath your qualifications can be a form of retaliation designed to push you out of the company.
05
Exclusion from Meetings or Projects:
If you find yourself left out of key meetings or important projects, your employer might be trying to sideline you as punishment for speaking up.
06
Increased Scrutiny or Micromanagement:
Suddenly, your work is under the microscope, with your boss checking in on you far more than before. This isn’t just annoying—it could be retaliatory.
07
Hostile Work Environment:
Retaliation can also manifest as a hostile work environment, where you’re subjected to harassment, bullying, or other forms of mistreatment because of your protected activities.
WORKPLACE RETALIATION
Protected Activities Leading to Retaliation
Retaliation doesn’t happen in a vacuum. It’s typically triggered by specific actions that employees take to protect their rights or the rights of others. These are known as protected activities, and they include:
Reporting Discrimination or Harassment:
If you’ve reported discriminatory practices or harassment to your employer or the Equal Employment Opportunity Commission (EEOC), you’re protected from retaliation under Title VII and other laws.
Whistleblowing:
Employees who blow the whistle on illegal activities, whether related to safety violations, fraud, or other misconduct, are protected under the Whistleblower Protection Act and other statutes. Employers are prohibited from retaliating against employees who expose their wrongdoing.
Filing a Workers’ Compensation Claim:
If you’ve been injured on the job and filed a claim for workers’ compensation, your employer cannot retaliate against you for seeking the benefits you’re entitled to.
Requesting Reasonable Accommodations:
Employees with disabilities are entitled to reasonable accommodations under the ADA. If your request leads to adverse treatment, it’s not just unfair—it’s illegal.
Participating in an Investigation:
Whether you’re a witness or a victim, participating in an investigation into workplace misconduct is a protected activity. Retaliating against someone for cooperating with an investigation is a violation of their rights.
WORKPLACE RETALIATION
Legal Framework and Employee Rights
California Fair Employment and Housing Act (FEHA)
- Broad Scope of Protection: Extends beyond federal protections, covering more employers and including additional protected categories like gender identity and sexual orientation.
- Prohibits Retaliation for Filing Complaints: Protects employees from retaliation when they file complaints about discrimination or harassment.
- Personal Liability: Supervisors and managers can be held personally liable for engaging in retaliatory conduct under FEHA.
Labor Code Section 1102.5
- Whistleblower Protections: Strongly protects employees who report violations of state or federal law, especially if they disclose information to a government or law enforcement agency.
- Prohibition on Retaliation: Employers are prohibited from retaliating against employees who refuse to participate in activities that would result in a violation of state or federal law.
Labor Code Section 98.6
- Protection Against Retaliation for Wage Claims: Safeguards employees from retaliation for asserting their rights regarding wages, hours, and working conditions.
- Remedies Include Reinstatement: Employees who face retaliation for wage claims can seek reinstatement and compensation for lost wages.
California Labor Code Section 6310
- Protection for Reporting Workplace Safety Issues: Employees who report unsafe working conditions or practices are protected from retaliation.
- OSHA Complaints: Employees are specifically protected when they file complaints with California’s Occupational Safety and Health Administration (OSHA).
Labor Code Section 230
- Protections for Victims of Domestic Violence, Sexual Assault, or Stalking: Prohibits retaliation against employees who take time off to obtain relief, such as seeking a restraining order or other legal remedies.
WORKPLACE RETALIATION
How to Recognize Retaliation in the Workplace
Recognizing workplace retaliation can be tricky, as it often unfolds gradually. However, there are several red flags to watch out for:
Sudden Changes in Treatment:
If your employer’s attitude toward you shifts dramatically after you’ve engaged in a protected activity, it’s worth examining why.
Unexplained Disciplinary Actions:
If you’re suddenly facing disciplinary actions without a clear reason, especially after engaging in protected activity, retaliation may be at play.
Unexplained Disciplinary Actions:
If you’re suddenly facing disciplinary actions without a clear reason, especially after engaging in protected activity, retaliation may be at play.
Inconsistent Application of Policies:
If policies are being enforced selectively against you, especially after a protected activity, this inconsistency could be retaliatory.
Isolation or Exclusion from Work-Related Activities:
Being left out of meetings, projects, or social activities at work can be a subtle form of retaliation, aimed at marginalizing you within the company.
Steps to Take if You Experience Retaliation
- Document All Incidents and Communications:
Keep a detailed record of any adverse actions taken against you, as well as any communications that could support your claim of retaliation. - Review Company Policies and Procedures:
Familiarize yourself with your company’s policies on retaliation and discrimination. Knowing the rules can help you build a stronger case. - Report the Retaliation Internally:
If appropriate, report the retaliation to your human resources department or a higher authority within the company. Internal reporting can sometimes resolve the issue without the need for legal action. - File a Complaint with Relevant Government Agencies:
If internal reporting doesn’t resolve the issue, or if the retaliation is severe, consider filing a complaint with the EEOC or your state’s equivalent agency. - Consult with an Experienced Employment Attorney:
Retaliation cases are complex and require legal know-how to navigate successfully. An attorney can help you understand your rights, gather evidence, and pursue legal action against your employer.
