RETALIATION

Many California employers still punish/discipline/fire or otherwise do terrible things to people who report other terrible things in the workplace. That’s often retaliation. If it is, it’s against the law.

California has strict laws that prohibit the firing, punishment/discipline, or other action that harms an employee for an employee exercising their legally protected employment rights or for making good faith complaints when those rights have been violated. Retaliation is a separate cause of action in California; and, even if the underlying claim (for example, sexual harassment) is not proven, the employer can still be liable for retaliation if they acted against the employee for reporting the underlying claim. 

Examples include the employer taking action because of an employee

• Complaining about unlawful harassment or discrimination
• Complaining about a wage and hour issue (like failure to pay overtime, or failure to pay on time)
• Requesting or serving on jury duty
• Taking time off to vote
• Taking a leave allowed for by law
• Sharing income information with other employees
• Filing a workers’ compensation claim, and the like. 

But until you discuss the specific facts of your situation with an employment attorney, you won’t know. 

Contact Michael Trust Law, APC today to discuss your situation.