Retaliation Claims

Fight Workplace Retaliation in Orange County

Understanding Your Rights Against Retaliation in California

Many people are hesitant to complain about discrimination, sexual harassment, illegal activities, or other wrongs in the workplace because they are afraid their employer will fire or demote them. However, workers in California are protected from employment retaliation by the California Fair Employment and Housing Act (FEHA). A retaliation attorney in Orange County can help you understand these protections under California law.

If your employer retaliates against you for exercising your rights under California or federal law, contact our Orange County law firm to schedule a free and confidential case evaluation as soon as possible. Our Orange County retaliation attorneys have the experience to help guide you as you file a retaliation claim. You may be entitled to compensation, policy changes, and other remedies.

Protected Employment Activities Under California Law

There are many types of employment activities that are protected under California law:

A typical employment retaliation claim in California may include transferring and demoting someone because they complained about a sexually hostile work environment to their human resources department. However, there are many other situations that can give rise to a claim of retaliation. Here are a few more details that may help you identify these circumstances.

Identifying Retaliation in the Workplace

If an employer has taken career damaging actions against an employee to punish he or she for exercising protected employment activities, that employee may be the victim of retaliation.

Below are some workplace retaliation examples:

  • Demotions
  • Unusual negative job performance reviews
  • Inconvenient relocations
  • Less desirable shift assignments
  • Missing promotions
  • Reduction in benefits
  • Salary benefits reduction
  • Threats (verbal or physical)
  • Hour reductions
  • Wrongful termination

If an employer acts against an employee for exercising a protected act, such as reporting discrimination or harassment, that employee can file a retaliation claim. And unlike discrimination or harassment claims, a retaliation case does not depend on harassment or discrimination having actually taken place. As long as the employee acted in good faith when reporting an employer’s illegal act, then the employee’s retaliation claim is valid.

Elements of a Strong Retaliation Claim

To establish a case of retaliation, you must show that:

  • You witnessed an illegal act on the part of your employer
  • You engaged in a protected activity
  • Your employer targeted you in response to the protected activity
  • Your life and career were some how damaged as a result of your employer’s retaliation

To effectively prove these elements, you must have strong evidence that backs your claim. This evidence can come in the form of emails, voicemails, texts, memos, letters, notes, eye witness testimony, and much more.

Though you have many options for evidence, how you collect it is very important. In California, all parties must be aware of and consent to being recorded. So, recording supervisors or coworkers in secret will produce evidence that is inadmissible in court. 

If you want to avoid having your evidence invalidated, you should contact an experienced retaliation attorney in Orange County to help. Our attorneys know the FEHA and how it applies to your circumstances. Let us take a look at your evidence and help you build a strong case.

Effective Strategies to Document Workplace Retaliation

Signs of retaliation can range from subtle to overt, so it's essential to be vigilant and record all incidents. To document retaliation at work, keep a record of the behavior you experience. Keep timely and detailed records, and preserve relevant evidence and communications.

Good documentation may include information such as dates of occurrence, details of what transpired, as well as names and contact information of anyone who witnessed the retaliatory behavior. Compile physical evidence like texts, emails, memos, and even video footage, if you have it. Detailed records will help build your case if you decide to take legal action.

Report the retaliatory behavior in writing to an employer or third party. Provide details about the retaliation and the steps you have taken to stop it. This initial report is a crucial piece of evidence as well. If you have a complaint on record, your employer will be able to respond easily, and it is less likely that your employer will deny that you made a complaint.

Speak with an experienced Orange County retaliation lawyer at Sexual Harassment Employment Attorneys. Complete our online form or dial (888) 427-8064.

Commonly Asked Questions

What are my rights against workplace retaliation in Orange County?

In Orange County, California, you are protected against workplace retaliation under the California Fair Employment and Housing Act (FEHA). This means if you report discrimination, sexual harassment, illegal activities, or engage in other protected employment activities, you cannot legally be fired, demoted, or otherwise retaliated against by your employer. If you believe you've been retaliated against, it's advisable to consult with a retaliation attorney in Orange County to explore your legal options.

What constitutes a protected employment activity under California law?

Protected employment activities under California law include reporting sexual harassment, discrimination claims, illegal acts (whistleblower protection), and engaging in union activities. If you participate in any of these activities and face retaliation from your employer, such as demotion or wrongful termination, you may have grounds for a retaliation claim. It's important to understand these protections and seek legal guidance if you're facing retaliation.

Addressing Workplace Retaliation in Orange County

Living and working in Orange County, comes with its unique set of challenges. The local workforce is diverse and dynamic, but unfortunately, workplace retaliation remains an issue. If you find yourself facing retaliation for reporting discrimination, harassment, or other illegal activities, it's crucial to know that you have strong protections under California law.

Guiding Clients with Experience & Care

One common pain point for employees in Orange County is the fear of losing their job or facing demotion after reporting unethical practices. This fear is not unfounded, as many employers may attempt to retaliate against employees who speak out. However, the California Fair Employment and Housing Act (FEHA) offers robust protections to make sure that you can report these issues without fear of retribution.

Our Orange County law firm is deeply familiar with the local landscape and the specific challenges faced by employees in this area. We understand the importance of addressing these issues promptly and effectively. Whether you're dealing with demotions, negative performance reviews, or wrongful termination, our team can help you navigate the complexities of a retaliation claim.

By leveraging our knowledge of local resources and legal protections, we can help you build a strong case and seek the justice you deserve. Don't let fear hold you back—reach out to us today to discuss your situation and explore your options for taking action against workplace retaliation in Orange County.

How an Orange County Retaliation Lawyer Can Help

Our Orange County retaliation attorneys handle many employment claims on a contingency fee basis. This means you will not have to pay any legal fees unless we are successful in recovering compensation from your employer. Compensation may include back pay, front pay, policy changes, actual damages, damages for emotional distress, and punitive damages.

If you have been the victim of retaliation at work in the areas of Orange County, San Diego, Los Angeles, or Riverside, California, we strongly advise you to consult with an Orange County retaliation attorney now.

Contact a retaliation attorney in Orange County by calling our law firm today.

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