Van Nuys Workplace Retaliation Lawyers 

At Laurel Employment Law, we are dedicated defenders of workers who have experienced retaliation for exercising their legal rights. We understand the fear and uncertainty of standing up against unfair treatment. This is why our team works closely with clients to support them and provide legal solutions that fulfill their specific needs. 

If your employer has retaliated against you for doing something well within your rights, take action today. Contact our firm and schedule a consultation so we can hear your story. During this initial meeting, you can speak directly with one of our Van Nuys workplace retaliation lawyers about your situation and learn how they can help. 

Start with us by calling (310) 929-6371 or reaching out online. We proudly serve workers across the San Fernando Valley. 

Understanding Workplace Retaliation

What Constitutes Workplace Retaliation Under California and Federal Law?

Workplace retaliation occurs when an employer takes adverse action against an employee as a response to the employee engaging in legally protected activity. Under both California and federal law, retaliation is illegal and can take many forms. Protected activities include, but are not limited to, reporting discrimination or harassment, filing a complaint with a government agency, participating in an investigation or lawsuit, or refusing to participate in illegal activities.

In California, the Fair Employment and Housing Act (FEHA) prohibits retaliation against employees who oppose unlawful practices, file a complaint, or assist in a proceeding under FEHA. Similarly, federal laws such as Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (EEOC) guidelines protect employees from retaliation for asserting their rights under anti-discrimination laws.

To establish a retaliation claim, the employee must prove that they engaged in a protected activity, that the employer took an adverse action against them, and that there is a causal connection between the two. Retaliation claims can be complex, as employers often argue that the adverse action was based on legitimate business reasons rather than retaliatory motives.

Common Forms of Retaliation

Retaliation in the workplace can manifest in various ways, often making it difficult for employees to recognize it immediately. Some common forms include:

Wrongful Termination: One of the most severe forms of retaliation, where an employer fires an employee for engaging in a protected activity. This is often disguised as a layoff or termination for performance reasons, but the timing or circumstances surrounding the termination may reveal retaliatory intent.

Demotion: Employees may be demoted to a lower-paying or less prestigious position as a form of punishment for their actions. This could involve a reduction in responsibilities, a shift to less desirable tasks, or being placed under a supervisor known to be difficult.

Pay Cuts: Retaliatory pay cuts are another common tactic. An employer might reduce an employee's salary, bonuses, or other financial benefits in response to the employee's protected activities.

Hostile Work Environment: Retaliation can also take the form of creating or intensifying a hostile work environment. This could involve increased scrutiny, exclusion from important meetings, or harassment from supervisors or coworkers, all aimed at making the employee's work life unbearable.

Negative Performance Reviews: Employers may give unwarranted negative performance reviews as a way to justify future disciplinary actions, such as demotion or termination, or to tarnish the employee’s professional reputation.

Reassignment: An employer might retaliate by reassigning an employee to a different location, shift, or job that is less desirable or harder to reach, particularly if the reassignment disrupts the employee's personal life or career growth.

Exclusion from Opportunities: This can include being left out of important meetings, training opportunities, or projects that are critical to career advancement, effectively stunting the employee's professional growth.

These forms of retaliation not only harm the targeted employee but also send a chilling message to other workers who might otherwise consider exercising their rights.

Legal Protections Against Retaliation

Overview of Legal Protections

Both California and federal laws provide robust protections against workplace retaliation. Key laws include:

Title VII of the Civil Rights Act of 1964: Title VII prohibits employers from retaliating against employees who oppose discrimination or participate in an employment discrimination proceeding. This law covers a broad range of protected activities, including filing a complaint with the EEOC, testifying in a discrimination lawsuit, or simply opposing discriminatory practices within the workplace.

California Fair Employment and Housing Act (FEHA): FEHA offers even broader protections than federal law, covering not only discrimination based on race, color, religion, sex, and national origin, but also marital status, sexual orientation, gender identity, and other characteristics. Under FEHA, any retaliation against an employee for asserting their rights under this act is strictly prohibited.

Whistleblower Protection Act: This federal law specifically protects employees who report illegal activities or violations of federal regulations by their employer. It ensures that employees who expose wrongdoing are not subject to retaliation, such as firing, demotion, or harassment.

Occupational Safety and Health Act (OSHA): OSHA protects employees who report unsafe working conditions. Retaliation against employees for filing safety complaints or participating in OSHA inspections is illegal under this act.

The Rights of Employees to Report Illegal Activities or Unsafe Conditions

Employees have the right to report illegal activities, discrimination, harassment, and unsafe working conditions without fear of retaliation. These rights are fundamental to maintaining a safe and fair workplace and are protected under both state and federal laws.

Reporting Discrimination or Harassment: Employees who face discrimination or harassment based on race, gender, religion, national origin, disability, or other protected characteristics are entitled to file a complaint with their employer, the EEOC, or the DFEH. They are also protected if they assist others in making such complaints.

Whistleblowing: Employees who report illegal activities, such as fraud, embezzlement, or safety violations, are protected from retaliation under various whistleblower protection laws. Whistleblowers play a crucial role in uncovering illegal activities, and the law shields them from adverse actions taken by employers in response to their reports.

Reporting Unsafe Conditions: Under OSHA, employees have the right to report unsafe working conditions without fear of being fired or punished. This includes conditions that violate safety regulations, as well as general workplace hazards that pose a risk to health and safety.

These protections ensure that employees can speak up about issues without risking their jobs or well-being. If an employer retaliates against an employee for exercising these rights, the employee has the right to seek legal recourse, which may include filing a retaliation claim, seeking reinstatement, recovering lost wages, and potentially receiving compensation for emotional distress.