Retaliation
~ Workplace Retaliation
California law prohibits an employer from retaliating against any employee who complains about discrimination or engages in protected activity under the Fair Employment and Housing Act (FEHA).
It is unlawful “[f]or any employer … or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”
You have a right to resist or object to discrimination or harassment at work without retaliation.
Retaliation at work
Retaliation comes in many forms, but it typically involves any action against an employee after he or she has engaged in “protected activity,” such as making an internal complaint, filing a charge with a government agency (the EEOC and others) or acting as a witness in an investigation.
First, the employee speaks up, files a complaint or otherwise pursues his/her legal rights, then the employer responds inappropriately or downright illegally resulting in retaliation at work:
Discipline or demotion.
Reduction in wages.
Changes to your job or shift that cause hardship.
Exclusion from staff meetings or training activities.
Unfairly negative performance review.
Termination or firing.
Proving Retaliation
You must show that you were subjected to a negative or adverse job action because of a complaint you made of harassment, discrimination or as a whistleblower.
The following three statements must all be true to prove your case:
You engaged in a protected activity.
Your employer subjected you to an adverse employment action.
The protected activity and the employer’s adverse action were connected.
Write HR or management
A written complaint is the best way to protect your case. It is important to understand retaliation and to get help if the company is attacking your performance by “papering” you to “justify” termination.
Don’t quit. Get help.
If you believe you are suffering retaliation at work because you complained about discrimination, harassment or reported illegal activity it is important that you protect yourself.
Retaliation can end with wrongful termination but often an employee will just quit to make it stop. Don’t be forced to quit. Get help instead.
Take Action, Contact us.
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Our advice is 100% confidential.
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