Unfortunately, retaliation in the workplace can be subtle. It's not always as evident as firing or openly harassing an employee. Sometimes, it's in the form of small changes that make it harder for an employee to do their job.

Hence, one of the many discussions about retaliation in the workplace involves how difficult it is to prove. That said, retaliation claims have been successful before, so experienced California employment retaliation attorneys have a few ways to ensure a successful claim.

california retaliation in the workplace

How To Build A Successful Employment Retaliation Claim In California

Retaliation in the workplace can range from obvious actions to more subtle ones. Either way, they violate your California labor law rights, so you need to know when it's happening and how you can address them.

Let's look at the legal implications of retaliation in the workplace in California:

What Counts As Retaliation In The Workplace In California?

Retaliation happens when you experience adverse employment actions for engaging in a protected activity. Here are a few examples:

  • Demotion or Termination: A wrongful firing can happen to workers who disclose violations of labor laws. In other instances, a company may attempt to develop performance evaluations that go increasingly worse to "justify" a termination and fight off claims of wrongful termination or retaliation.
  • Denied promotion and pay raise: Workers who report violations of labor laws can experience a sudden denial of a work promotion. Even though other employees in the same position or with comparable (or worse) performance have continued to receive raises, workplace retaliation might take the shape of raise denials.
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  • Reduction of Benefits or Pay: Some employers punish workers by reducing their salary or benefits, much to how they would decline promotions or raises.
  • Scheduling changes and revoking accommodations: Many companies are aware that if they fire an employee, they risk being accused of retaliation in a lawsuit or complaint. As a result, they choose more subdued workplace retaliation.
    • Instead, some companies may purposefully alter an employee's schedule or shifts, making it difficult or even impossible for the person to continue working without endangering their quality of life.

That said, not all retaliation in the workplace claims are the same. Your case is unique to you, so if you're unsure whether you can file retaliation claims, contact a California employee rights lawyer ASAP.

How Do You Prove Retaliation In The Workplace In California?

Retaliation in the workplace can, as was already noted, be subtle. Your boss will likely deny taking adverse employment actions against you. After all, they'll be in grave legal trouble if they do so.

Therefore, a compelling case of retaliation at work in California requires substantial proof.

So, what can be done to prove your case? Here are some ways California retaliation law attorneys gather evidence:

  • Gather all the documents related to your employment, such as your contract, pay stubs, employee handbook, and other relevant documents.
  • Emails, texts, and communications should be saved. Any proof of communications or interactions that display harassment or other forms of discrimination.
  • Look for witnesses to back up your statements. This may include other coworkers, family members, and those who may have seen how workplace retribution has affected you.
  • Write down your experiences. Record your experiences in a journal and include dates with your entries. This will assist in creating a timeline of your experiences with workplace retribution.

Putting together evidence is one thing, but developing a compelling argument that uses this evidence is quite another matter. So, if you want assistance with your retaliation claim, speak with a California employment attorney.

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Hire An Experienced Employee Rights Attorney in California

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