WORKPLACE RETALIATION IN CALIFORNIA: ANOTHER FORM OF EMPLOYER MISCONDUCT

Retaliation in the workplace is illegal, but it happens far too often. In California, employees are protected from retaliation under state and federal laws, ensuring that no worker is punished for asserting their rights or standing up against discrimination, harassment, or unsafe working conditions. At Antonyan Miranda, we aggressively fight for employees who have been retaliated against, holding employers accountable for their unlawful actions.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer penalizes an employee for engaging in legally protected activities. This includes submitting complaints about harassment, discrimination or other illegal behaviors, participating in workplace investigations, or refusing to comply with unlawful orders. Retaliation isn’t just unethical—it’s against the law.

California law, along with federal protections under the Equal Employment Opportunity Commission (EEOC), prohibits employers from retaliating against workers for exercising their rights.

Common forms of retaliatory actions include:

• Termination or demotion.

• Denial of promotions, raises, or training opportunities.

• Increased scrutiny, harassment, or verbal abuse.

• • Unfair performance reviews, disciplinary actions or unjustified reprimands.

If you’ve experienced these or other adverse actions after engaging in protected activities, you may have a strong case for workplace retaliation.

Recognizing Protected Activities

Protected activities under California and federal law include:

• Submitting a complaint about discrimination, harassment, illegal activity or unsafe working conditions.

• Participating in an internal investigation or EEOC inquiry.

• Resisting sexual advances or advocating for a colleague who has been harassed.

• Requesting disability accommodations or adjustments for religious practices.

• Asking information about wages to uncover potential pay discrimination.

Employers cannot punish you for engaging in these activities. Retaliation undermines the very laws designed to protect workers’ rights.

Proving Workplace Retaliation

To prove a retaliation case, you must prove three key elements:

• Engagement in a Protected Activity
  You must show that you engaged in an activity protected under state or federal law, such as reporting harassment or discrimination.

• Adverse Action by the Employer
  The employer must have taken a negative action against you, such as firing, demoting, or harassing you, that would deter a reasonable employee from exercising their rights.

• Causal Link Between the Two
  You must demonstrate that the adverse action was directly caused by your engagement in the protected activity. Evidence such as timing, written or verbal threats, or patterns of behavior can help establish causation.

Damages Available in Retaliation Claims

If you’ve been a victim of workplace retaliation, you may be entitled to substantial compensation, including:

• Lost Wages
  Recover back pay for income lost due to termination, demotion, or denied opportunities.

• Emotional Distress
  Seek damages for anxiety, depression, or other emotional harm caused by retaliation.

• Punitive Damages
  In cases of egregious employer misconduct, courts may award additional damages to punish and deter further retaliation.

Act Now

If you’re facing workplace retaliation, time is critical. Retaliation cases involve strict deadlines for filing complaints with the EEOC or the California Department of Fair Employment and Housing (DFEH). Acting quickly ensures your rights are protected and increases your chances of securing justice. At Antonyan Miranda, we don’t just represent clients—we fight for them. Our team of experienced workplace rights attorneys is committed to holding employers accountable and ensuring retaliation doesn’t go unchecked.

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