Workers are protected in many ways throughout the state of California. Many laws detail that an employer is not allowed to steal wages, engage in sexual harassment, discriminate, wrongfully terminate, or otherwise abuse their employees. These laws are generally straightforward and protect workers’ rights. Enforcing these rights often requires the help of a Pasadena retaliation lawyer.
Another way that workers’ rights are protected is through retaliation laws. This set of laws states that a worker cannot be punished for exercising their rights. This ensures not only that an employee feels safe and secure at work but also that they will not be punished in the aftermath for vocalizing concerns or needs.
Why Pasadena Workers Trust Esperanza Anderson
For more than three decades, employees from major local employers like PIH Health and Whittier Hospital Medical Center have relied on her to handle complex wrongful termination cases. Whether you live in Old Pasadena or Bungalow Heaven, our firm provides strong legal representation.
With over $15 million recovered for clients and fluency in both English and Spanish, Anderson continues to be a trusted advocate for a wide range of workers facing unlawful treatment on the job.
By the Numbers: Understanding Retaliation in Pasadena
Workplace retaliation remains a serious and ongoing problem at workplaces throughout Pasadena. In 2022, California workers filed an average of 706 workplace retaliation complaints per month with the state’s Labor Commissioner’s Office. In Pasadena, workplace retaliation can happen in the city’s largest employment sectors: Health Care and Social Assistance (19.8%), Professional, Scientific, and Technical Services (13.7%), and Educational Services (13.5%).
Workers over 65 make up 17.08% of the population and a sizable portion of Pasadena’s 112,212 workers. When an older employee reports age-based discrimination, they can face retaliation in many forms, including wrongful termination. Reporting racial discrimination also places local workers at risk of being retaliated against. African Americans are disproportionately affected by hate crimes in Los Angeles County.
Types Of Retaliation
Employers can retaliate against workers in a number of ways, none of which are acceptable. In many cases, an employer may be inspired to retaliate after a worker has held them accountable for their actions or stopped them from doing something illegal that was beneficial to them. In all cases, retaliatory actions on behalf of the employer are illegal and not tolerated. These are some types of retaliation to watch for.
- Medical Leave Retaliation
- FMLA Leave Retaliation
- Harassment Reporting Retaliation
- After Reporting Illegal Activity
- Forms Of Retaliation
- Firing
- Withholding Opportunities
- Reducing or Docking Pay
Medical Leave Retaliation
Employees have the right to take time off of work for medical reasons. This can occur in several ways, including paid sick time, short-term disability, time off for surgery, and more. However, if the employee is met with repercussions for taking law-protected time off, the employer can be charged with retaliation.
FMLA Leave Retaliation
Federal law allows for up to three months off per year under the Family Medical Leave Act. There are certain criteria that must be met in order to take this time off. If the criteria are met and the employer harangues or otherwise abuses the employee as a result, they are committing unlawful retaliation
Harassment Reporting Retaliation
If you are a victim of any sort of harassment in the workplace, you are protected for reporting it. This means that if your employer attempts to reduce your hours, dock your pay, demote, fire, or relocate you after the case has settled, you may be able to charge them with retaliation. You should not suffer any unjust negative consequences for upholding the law and fighting for your right to a safe workplace.
After Reporting Illegal Activity
In some cases, employees are in a position to report illegal activity within their workplace. This often takes place in the form of fraud, and you are protected if you take steps to report it. Even if nothing comes of the case, your employer is not allowed to retaliate against you for trying to uphold the law.
Forms Of Retaliation
For any of the above situations, there are several ways in which an employer may retaliate against their employee. Some of these forms of retaliation are overt, but some are more subtle and harder to catch. No matter what, it is important to remember that your employer does not have the right to begin to treat you in a negative manner because you did something that you were perfectly within your rights to do. Retaliation can appear in any of the following forms.
Firing
It is unlawful for your employer to fire you as the result of a legal activity on your part. Being fired is one of the most obvious signs of retaliation from your employer, as it demonstrates a concrete action that was taken against you. This type of firing is called wrongful termination. If you would like to learn more about this topic and what you can do, visit our in-depth page about wrongful termination.
Withholding Opportunities
Another way in which an employee may retaliate is by leaving you out of opportunities at work. This could take the form of a job promotion, an invitation to a meeting, valuable information, a pay increase, and more. Many employees who face retaliation find that they are no longer being considered in the same way that they once were in the office and may lose out on advancement opportunities due to retaliation.
Reducing or Docking Pay
If your employer attempts to take away pay after you reported an incident or otherwise upheld your rights, it is a direct sign that retaliatory action is being taken against you. Wages are not to be tampered with, and if your boss attempts to do so for no reason other than to punish you, you have grounds to seek justice.
Another way in which an employee may retaliate is by leaving you out of opportunities at work. This could take the form of a job promotion, an invitation to a meeting, valuable information, a pay increase, and more. Many employees who face retaliation find that they are no longer being considered in the same way that they once were in the office and may lose out on advancement opportunities due to retaliation.
Hiring Legal Representation
In cases of retaliation, it is essential that you have an experienced attorney on your side to represent you in court. Because retaliation often occurs as a result of you reporting wrongdoing or defending your rights, your attorney may be able to fight against several levels of maltreatment by your company.
Retaliation is a very serious matter in the eyes of the law. If your case makes it to litigation, your workplace will likely have a team of attorneys to fight the case. Attempting to defend yourself in this situation will likely only lead to you losing the case and being terminated from your job. The ideal course of action is to hire a lawyer right away when you suspect that retaliation is occurring.
FAQs:
To prove retaliation in the workplace in California, you must show that you engaged in a protected activity, your employer took adverse action against you, and there was a clear connection between the two. Protected activity can include reporting harassment, discrimination, or wage violations. Document everything. Timing, emails, write-ups, and witness support can help establish a pattern that proves retaliation occurred.
Yes. You can face retaliation even if you are not fired. The misconduct can take the form of reduced hours, poor performance reviews, and exclusions from meetings. Other forms of retaliation can take the form of denied promotions or unfair schedule changes with no clear reason given. Even if you remain employed, you may qualify for a retaliation claim.
The number one reason for grievances being filed against employers is retaliation after a worker reports discrimination, harassment, wage issues, or unsafe conditions. California law protects employees who speak up about legal violations. When employers punish workers for doing so, that action may result in a formal complaint. Retaliation claims are common because they often follow complaints protected under labor laws.
Employer retaliation includes any negative action taken against a worker for engaging in a legally protected activity. This can include termination, demotion, shift changes, reduced hours, or verbal threats. Retaliation often follows complaints about harassment, unsafe work conditions, wage theft, or other legal concerns. If the punishment occurs shortly after the complaint, it may suggest a connection that supports a retaliation claim.
Wrongful termination and retaliation are related, but not always the same. Retaliation can include many actions, such as discipline or demotion, while wrongful termination is the specific act of being fired illegally. If you are fired for reporting harassment or discrimination, that could qualify as both. Not all retaliation ends in termination, but both are prohibited under California employment law.
30 Years of Experience and Success
We have been working to defend workers from all over the country in their fight for justice. Too many employers take advantage of their workforce, and we are passionate about ensuring that this practice comes to an end. When you uphold the law and stand up for yourself, you are doing a noble service to the judicial system in this country.
If your employer attempts to punish you for this nobility, we would be honored to help ensure that you win your case. Whether you are facing retaliation or another kind of employment violation, we can help you seek justice and protect you from further legal harm. However, these cases are time-sensitive. Contact our team today to begin building your case.