Most employees understand that grave slip-ups can cause punishments or penalties. For example, if you've damaged some merchandise due to negligence, your employer might hand down a pay cut.
That said, some "penalties" aren't legal. Employers aren't free to hand down pay cuts and demotions, especially when the reasons for it are illegal. Not to mention, California labor laws are pretty comprehensive, especially compared to other US states.
So, do you feel you've been unfairly punished or retaliated against? Here's what our prescreened California employment law attorneys have to say about it:
When Does Workplace Punishment Become An Act Of Retaliation?
In California employment law, "retaliation" is when an employer does an adverse employment action to punish an employee for protected activities.
Of course, there are legal reasons for penalties like pay cuts and termination. For example, breach of contract and employee policies are reasonable grounds to terminate, demote, or hand down pay cuts. However, if an employer unfairly punishes what an employee has the right to do, it becomes an act of retaliation.
What Laws Protect Employees From Retaliation?
Employees are protected from employer retaliation by state and federal legislation. Federal laws that forbid retaliation in the workplace include:
- Civil Rights Act of 1964
- The Americans with Disabilities Act
- The Equal Pay Act
These statutes prohibit retaliation against an employee for engaging in protected activity by an employer, employment agency, or labor organization.
A United States Supreme Court decision states that any employer action that might deter an employee from filing a charge of discrimination could give rise to a retaliation claim under Title VII of the 1964 Civil Rights Act.
What Is A "Protected Activity" In California Labor Law?
A protected activity is something that an employee has the legal right to do. They cannot be compelled against it or punished for doing so.
Here are a few examples of protected activity in California employment law:
- Filing a wage claim or planning to do so
- Filing a notice of intent to complain about harassment or discrimination
- Bringing up any instances of workplace hostility or other sorts of improper behavior
- Refusing to commit wrongdoing
- Discussing pay with coworkers
- Applying for or utilizing sick leave benefits
- Requesting a fair adjustment because of a health-related issue
- Reporting on workplace safety and health issues
- Taking a leave of absence to serve on the jury
- Supplying testimony in a government probe against the employer
Of course, not all retaliation claims are the same. If you're unsure if your case falls under retaliation in California labor law, consult a Los Angeles Employment Lawyer to review your case. They can identify your grounds for lawsuits and help you build a solid case.
What Is An Adverse Employment Action?
An adverse employment action can include (but not limited to) the following:
- Pay cut
- Termination
- Demotion
- Suspension
- Harassment
If your employer fires you for doing a protected activity, then it is considered an act of wrongful termination in California. If this is your current status, contact a California wrongful termination attorney ASAP.
How To Prove Retaliation In California
An employee must demonstrate the following:
- They engaged in "protected activity."
- They suffered an adverse employment action
- The employee's protected activity and the employer's adverse employment action were related or causal
The employer must provide a valid justification for the adverse employment action when these criteria have been proven. There will be no presumption of retaliation if the employer successfully presents a reasonable explanation.
Instead, the employee who erroneously attempted to establish retaliation will thereafter bear the burden of proof. Again, your California employment law attorney can help you investigate the claim, gather evidence, and build a solid case.
Find Trusted Employment Attorneys In Los Angeles Near Me
Need help with a potential employment law claim in California? 1000Attorneys is a lawyer referral service that matches clients with the right Los Angeles Employment Lawyer.
We offer a free case review to ensure you get a referral to a prescreened, experienced, and qualified lawyer to handle your unique case.
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