¿Qué se considera represalia según la legislación laboral de California?

Workplace retaliation is a prevalent issue in California. Even though punishing employees for protected activities is illegal in the state, this doesn’t always stop employers from taking adverse actions against their workers. Because state and federal employment laws can be difficult to understand, many California employees find themselves asking, “What counts as retaliation under California employment law?”​

Retaliation can take many forms, and an experienced and knowledgeable retaliation attorney from Esperanza Anderson can help you fight for your rights if you feel your employer is unfairly targeting you.​

Por qué elegir Esperanza Anderson

​Esperanza Anderson has dedicated her career to standing as a legal advocate for California employees. With over 25 years of experience representing employers, Fortune 500 companies, and workers throughout the state, Attorney Anderson now provides a unique advantage to employees filing claims against their employers. She’s not afraid of a fight, and she’s prepared to be by your side every step of the way.​

When you work with Esperanza Anderson, you’re not just another case. You’re a valued client who can speak directly with your attorney throughout your case. Plus, language is no barrier for Esperanza Anderson, as she speaks both Spanish and English. Don’t wait to see how you can fight retaliation with help from Esperanza Anderson.​

Understanding Retaliation Under California Law​

Various state and federal laws prohibit retaliation against employees for engaging in protected activities, such as taking medical leave or reporting illegal workplace activity. Generally, California law defines retaliation as any negative consequences an employee faces from their employer in response to engaging in these protected activities.

California retaliation laws include Código Laboral, artículo 1102.5, which protects whistleblowers, and the Ley de Empleo y Vivienda Justos, which prevents retaliation for reports of discrimination. Additionally, Labor Code Section 132a prohibits an employer from retaliating against an employee for filing a workers’ compensation claim.​

What Are Considered Protected Activities for a California Employee?​

For a California employer’s adverse actions to qualify as retaliation, they must be in response to an employee engaging in a protected activity. These protected activities can include:

• Reporting harassment in the workplace
• Filing a valid complaint with human resources
• Whistleblowing on illegal or unethical activities
• Taking leave protected by the Ley de baja médica y familiar
• Requesting accommodations for disabilities

Despite these activities being protected, the Equal Employment Opportunity Commission received 42,301 retaliation reports in the workplace in 2024.

​Compensation for California Workers Who Face Retaliation

California workers who have faced retaliation for protected activities may be entitled to compensation, often depending on the type of retaliation they’ve experienced. Generally, a successful retaliation claim can result in the following damages:

• Economic damages, which include salarios perdidos, lost benefits, and front pay.
• Non-economic damages, which can include compensation for pain and suffering, emotional distress, and lost career opportunities.
• Daños punitivos, although rare, are meant to punish an employer for egregiously harmful behavior.

How an Experienced California Retaliation Attorney Can Help​

When you’re facing retaliation for engaging in a protected activity, it can be easy to feel like you’re fighting an uphill battle. Employers often have powerful legal counsel prepared who are ready to fight employment violation allegations at any point, making it daunting for employees to speak up. Luckily, an experienced retaliation lawyer, like Esperanza Anderson, can advocate for you.

Esperanza Anderson has the legal knowledge, negotiation skills, and courtroom experience needed to protect the rights of California workers who have been retaliated against. When you work with Attorney Anderson, you can trust that you’re working with a passionate legal advocate who is ready to protect your future.​

FAQs​

What Is the New Law in California for Retaliation?​

In 2023, Governor Newsom signed SB 497 into law, which further defines retaliatory behavior by employers. Specifically, this new law presumes retaliation if an employer in some way punishes an employee within 90 days of that employee engaging in a protected activity. This new rule essentially shifts the burden of proof from the employee to the employer for actions taken within that time period, making it easier for workers to prove retaliation.

​Is a California Employee Still Protected From Retaliation If Their Report Was Wrong?​

Yes, you are generally protected from retaliation even if you were wrong about the action you reported. As you were acting in good faith and genuinely believed you observed a violation of laws or regulations, your California employer is prohibited from retaliating against you, whether you were right or wrong. However, if you knowingly filed a false report or were acting maliciously, you may not be protected.​

How Do You Prove Retaliation in the Workplace in California?​

To prove retaliation in your California workplace, the first step is to show that you were engaging in a protected activity. Next, you must show that your employer took harmful actions against you, like firing you, demoting you, or subjecting you to harassment. There must also be a link that ties the punishment to the protected activity. An experienced retaliation lawyer can help you collect evidence and file a strong claim that proves retaliation occurred.

Where Can I File a Workplace Retaliation Claim in California?​

Depending on the type of retaliation you experienced, there are multiple places you can file a workplace retaliation claim. For cases of discrimination or harassment, you can file with the California Civil Rights Department. If the retaliation is tied to a whistleblower complaint, you can contact the Labor Commissioner’s Office. Alternatively, you can file a report with the U.S. Equal Employment Opportunity Commission, particularly for violations of federal law.

Protect Your Future and Your Career: Hire a Retaliation Lawyer in California​

If you’ve been the victim of workplace retaliation in California, you don’t have to go through the legal process of advocating for your rights alone. Esperanza Anderson can be your trusted legal advocate as you navigate complex proceedings, ensuring your rights are respected and your career is protected. 

Póngase en contacto con Esperanza Anderson hoy mismo. to schedule a consultation and start fighting for your rights.