California Employment Retaliation
Do you feel you may have been the victim of California employment retaliation? Are you wondering what your rights are? California employment retaliation law states that an employer is not allowed to retaliate against an employee who has opposed or is opposing certain unjust, illegal, or inappropriate workplace practices. Some of these practices may include sexual harassment issues, employee discrimination, and other types of illegal activities.
The California Fair Employment and Housing Act forbids any employer to suspend, harass, demote or terminate an employee who has engaged in any kind of protected activity. Such activities include complaints or protests against unlawful practices which an employee has witnessed an employer engaging in. In such cases, the behavior could be directed at the employee or at another person.
Details About California Employment Retaliation
Protection from retaliation applies whether the original complaint that the employee makes is valid or not. As long as the employee has a reason to believe that there is some form of discrimination or harassment going on, he or she has the right to continue making the complaint without having to suffer any form of retaliation. However, the retaliation itself has to have some kind of ‘material’ evidence in order to be considered valid.For instance, the retaliation has to be something which in some way affects the terms or conditions of the victim’s employment with the company. This may include: demotions, negative change in working conditions, hours or other earnings or benefits. If the retaliation does not in any way affect the terms or conditions of the victim’s employment, it may not be considered employment retaliation.
In any case, once the employer is identified as having taken action against an employee in such a way that the employee’s employment status is negatively affected, the employer is considered to be in violation of California employment retaliation law.
Some Examples of California Employment Retaliation
In some cases, retaliation will take place once the employee has engaged or participated in some kind of legal or corrective action against the company he or she works for. For instance, if the employee complains to Human Resources that she is owed unpaid wages, and the employer retaliates in one of the above ways (demotion, change in working conditions, etc.), retaliation exists and the employee has grounds to sue. At other times the employee could be engaged in a retaliation case initiated by a third party or other employee by giving testimony against the employer.Do you think you may be a victim of California employment retaliation? Consider the following: retaliation may take on the form of termination, harassment, demotion or the suspension and revocation of certain benefits and privileges involved in a work environment. In some cases, the employee will not have taken any kind of legal action but may be simply making a complaint about a safety violation, or some other similar issue concerning herself, another employee or a company policy.
Also consider that retaliation can take on the form of the employer taking negative action against an employee who refuses to engage in an illegal activity.



