Employees in California have very specific employment rights, some of which are provided by state law and others that are provided by federal law. If an employee takes legal steps to uphold their rights, their employer can’t retaliate against them.
It’s critical that all employees understand what’s considered retaliation and what activities are protected. This can help them to learn if they need to take legal action against their employer.
What is retaliation?
Retaliation is any negative employment action that an employer takes in response to the employee engaging in a protected activity. This can involve termination, reduction in pay, cutting hours or giving undeserved negative employment reviews. In some cases, the negative actions are more subtle, such as failing to give the employee notifications about critical meetings.
What is a protected activity?
A protected activity includes several things. They can file complaints or cooperate with investigations related to harassment, discrimination, safety violations or illegal activities. They can also take actions, such as taking leave under the Family and Medical Leave Act, as long as they’re qualified to do so.
Just because an employee engaged in a protected activity doesn’t mean that they can violate established policies. Those employees can still face the same penalties for violations as long as the penalties are the same as other employees would face for the same violations.
Any employee who believes they’ve been the victim of retaliation should ensure they learn their legal options. These cases can be complex, so it’s best to work with someone familiar with these matters, so they can help you to determine how to proceed with your case.