Unfortunately, employer retaliation is still more common than one would expect in today’s California workplace. Employees that oppose unlawful conduct often fall victim to retaliation by an employer who terminates their employment or takes other retaliatory actions like demotion or harassment. Fortunately for California workers, California labor law affords protections to California employees by strictly prohibiting an employer from retaliating against any employee who engages in protected activity under the Fair Employment and Housing Act (FEHA).

To clarify further, under the California Fair Employment and Housing Act, it is unlawful for a California employer to demote, suspend, terminate or harass any employee because that employee has engaged in protected activities. These protected activities include protesting, complaining about, resisting or otherwise "opposing" discrimination or harassment on the basis of race, sex, disability, age, national origin, or religion. Retaliation by a California employer is prohibited whether the employee is opposing harassment or discrimination directed against them or against another employee. This protection from retaliation is the same whether the original discrimination or harassment complaint is ultimately deemed to be valid or not valid. A California employer may not take any adverse employment action against an employee that complains about or otherwise opposes discrimination or harassment as long as the employee had a reasonable belief that what he/she was complaining about was unlawful discrimination or harassment.

About Filing a California Retaliation Compliant
Any employee who believes he or she was discharged in violation of any law under the jurisdiction of the California Labor Commissioner may file a complaint with the Labor Commissioner. As an employee in the State of California, you have the right to speak to representatives of the office of the California Labor Commissioner or any other government or law enforcement agency about any issues affecting your working conditions. Your employer cannot fire, demote, suspend or discipline you for answering any questions or providing any information to a government agency.

A complaint alleging retaliation in violation of California labor laws under the jurisdiction of the California Labor Commissioner must be filed within six months after the occurrence of the alleged retaliatory action except for complaints filed under Labor Code sections 230(c) (one year), 230.1 (one year), 1197.5 (no later than two years after the cause of action occurs), and Health and Safety Code section 1596.88 (not later than 90 days after action as to which complaint is made).

California Retaliation Attorneys Offer Free Claim Evaluation
If you believe you have been the victim of employer retaliation in the workplace, our California retaliation attorneys are available to review your potential claim. Our experienced CA labor law attorneys are vigilant advocates of California employee rights and are skilled in evaluating potential California labor law claims, including employer retaliation cases. You may be entitled to an award of damages if your employer has retaliated against you for engaging in FEHA protected activities. Contact us to review your potential employment or labor law claim today.

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