Fight Workplace Retaliation in Orange County

Understanding Your Rights Against Retaliation in California

Many people are hesitant to complain about discrimination, sexual harassment, illegal activities, or other wrongs in the workplace because they are afraid their employer will fire or demote them. However, workers in California are protected from employment retaliation by the California Fair Employment and Housing Act (FEHA). A retaliation attorney in Orange County can help you understand these protections under California law.

If your employer retaliates against you for exercising your rights under California or federal law, contact our Orange County law firm to schedule a free and confidential case evaluation as soon as possible. Our Orange County retaliation attorneys have the experience to help guide you as you file a retaliation claim. You may be entitled to compensation, policy changes, and other remedies.

Protected Employment Activities Under California Law

A typical employment retaliation claim in California may include transferring and demoting someone because they complained about a sexually hostile work environment to their human resources department. However, there are many other situations that can give rise to a claim of retaliation. Here are a few more details that may help you identify these circumstances.

Identifying Retaliation in the Workplace

If an employer has taken career damaging actions against an employee to punish he or she for exercising protected employment activities, that employee may be the victim of retaliation.

Below are some workplace retaliation examples:

• Demotions
• Unusual negative job performance reviews
• Inconvenient relocations
• Less desirable shift assignments
• Missing promotions
• Reduction in benefits
• Salary benefits reduction
• Threats (verbal or physical)
• Hour reductions
• Wrongful termination

If an employer acts against an employee for exercising a protected act, such as reporting discrimination or harassment, that employee can file a retaliation claim. And unlike discrimination or harassment claims, a retaliation case does not depend on harassment or discrimination having actually taken place. As long as the employee acted in good faith when reporting an employer’s illegal act, then the employee’s retaliation claim is valid.

Elements of a Strong Retaliation Claim

To establish a case of retaliation, you must show that:

• You witnessed an illegal act on the part of your employer
• You engaged in a protected activity
• Your employer targeted you in response to the protected activity
• Your life and career were some how damaged as a result of your employer’s retaliation

To effectively prove these elements, you must have strong evidence that backs your claim. This evidence can come in the form of emails, voicemails, texts, memos, letters, notes, eye witness testimony, and much more.

Though you have many options for evidence, how you collect it is very important. In California, all parties must be aware of and consent to being recorded. So, recording supervisors or coworkers in secret will produce evidence that is inadmissible in court. 

If you want to avoid having your evidence invalidated, you should contact an experienced retaliation attorney in Orange County to help. Our attorneys know the FEHA and how it applies to your circumstances. Let us take a look at your evidence and help you build a strong case.

Effective Strategies to Document Workplace Retaliation

Signs of retaliation can range from subtle to overt, so it's essential to be vigilant and record all incidents. To document retaliation at work, keep a record of the behavior you experience. Keep timely and detailed records, and preserve relevant evidence and communications.

Good documentation may include information such as dates of occurrence, details of what transpired, as well as names and contact information of anyone who witnessed the retaliatory behavior. Compile physical evidence like texts, emails, memos, and even video footage, if you have it. Detailed records will help build your case if you decide to take legal action.