Legal Protections Against Retaliation in California
As mentioned, both federal and state laws provide comprehensive protections against retaliation at work, ensuring that employees can exercise their rights without fear of retribution or punishment. Key protections include:
Title VII of the Civil Rights Act
This federal law prohibits employers from acting against employees who report or oppose discrimination based on race, color, religion, sex, or national origin.
California Fair Employment and Housing Act (FEHA)
FEHA offers broad protections, making it illegal for employers to retaliate against employees who file complaints or assist in investigations related to discrimination, harassment, or retaliation.
California Labor Code
The California Labor Code protects employees who report violations of labor laws, including wage and hour laws, workplace safety regulations, and more. It also shields those who refuse to participate in illegal activity at the workplace.
How to Prove Workplace Retaliation
Proving workplace retaliation can be difficult, as it involves showing that the adverse action taken against you was directly linked to your involvement in a protected activity. Our experienced attorneys are here to guide you through this complex process and help you substantiate your claim effectively.
For your workplace retaliation claim to succeed, you must establish three key elements:
You Engaged in a Protected Activity
This includes any legally protected action that you might naturally perform or participate in at work, such as reporting discrimination or notifying a supervisor of illegal or unethical activities.
Your Employer Took Adverse Action Against You
The law recognizes any negative action that might deter a reasonable employee from engaging in protected activities as potentially retaliatory. For example, threatening an employee with a demotion or pay cut would constitute retaliation.
The Retaliation Was Related to the Protected Activity
Lastly, it’s essential to point to a connection between your protected behavior and your employer’s adverse actions. This often requires demonstrating that your employer was aware of your involvement and that the retaliation occurred soon after the protected activity.
Collecting Evidence to Support Your Claim
To build a strong case for retaliatory behavior, it’s important to focus on gathering key evidence, such as:
- Performance reviews: Sudden negative evaluations after engaging in a protected activity can be strong evidence of retaliation.
- Emails and other communications: Document communications suggesting retaliatory intent, such as threats or warnings. These can reveal your employer's motives.
- Witness testimony: Colleagues who witnessed the retaliatory actions can provide vital testimony, supporting your claims and laying out a pattern of employer behavior.
- Documentation: Keep detailed records of all retaliatory incidents, like termination letters or job reassignments, to link the adverse actions to your protected activity.
While direct evidence may be rare in certain cases, circumstantial evidence, like the timing of the action or inconsistencies in your employer’s explanations, can be instrumental in backing up your case.
Compensation for Workplace Retaliation
Victims of workplace retaliation who choose to pursue legal action may be eligible for various types of compensation, depending on the specifics of their cases. Possible compensation includes:
Lost Wages (Back and Front Pay)
If you were unjustly fired or demoted or had your hours reduced, you may be able to recover the wages you lost (back pay) and receive compensation for future earnings (front pay).
Reinstatement
The court might order that you be reinstated to your original position or placed in a similar role if appropriate.
Damages for Emotional Distress
If you’re suffering from anxiety, depression, or other effects due to the adverse action, you could receive compensation for the emotional and psychological impact of the retaliation.
Reimbursement for Expenses
You may be entitled to recover various costs incurred due to the retaliation, such as medical or job search expenses.
Legal Fees and Court Costs
Your potential compensation may also cover the legal fees and expenses you accrued while pursuing your claim.
Policy Reforms
In addition to financial compensation, the court may require your employer to implement changes to their workplace policies to prevent future incidents of retaliation.
What Are the Deadlines for Filing a Retaliation Claim?
Filing a claim for workplace retaliation is a time-sensitive matter, and the deadline to take legal action can differ depending on the specific laws your employer has violated. In all cases, it’s essential to act quickly to protect your rights.
Here are some important timelines that may apply to your case:
- Title VII claims for non-federal employees: You generally have 180 days from the date of the retaliatory action to file a claim.
- Equal Pay Act violations: Victims typically have between two to three years to initiate a lawsuit, depending on the nature of the violation.
- FEHA complaints: Under the California Fair Employment and Housing Act, you have up to three years to file a complaint.
- Whistleblower claims: Some whistleblower protections come with a much shorter window, requiring claims to be filed within 90 days.
When you work with an attorney from Premier Lawyers, they’ll provide more information about the time requirements of your case and what you need to do to ensure the success of your claim.
