In California, retaliation is prohibited by law. Proving retaliation, however, requires substantial evidence to demonstrate a direct link between the protected activity and the employer’s adverse action.
If you have experienced retaliation from your employers, contact our Orange County retaliation attorneys today. Call us at (949) 379-6250 today.
Elements Needed to Prove Retaliation
To prove retaliation in the workplace, the employee must establish three key elements:
Engagement in a Protected Activity
The employee must demonstrate that they participated in a legally protected activity, such as filing a complaint, reporting unlawful conduct, or testifying in a legal proceeding.
- Example: An employee reports sexual harassment to HR or files a wage complaint with the California Labor Commissioner’s Office.
Adverse Employment Action
The employee must show that the employer took adverse action that negatively impacted their employment. This could include termination, demotion, pay cuts, or a hostile work environment.
- Example: Shortly after filing a harassment complaint, the employee is demoted or given a poor performance review without justification.
Causal Connection Between the Protected Activity and Adverse Action
The employee must provide evidence of a causal link between the protected activity and the adverse action. This can be established through:
- Timing: If the adverse action occurred shortly after the protected activity, it suggests retaliation.
- Inconsistent Explanations: If the employer changes their reasons for the adverse action, it may indicate pretext for retaliation.
- Comparative Evidence: Showing that other employees who did not engage in protected activities were not similarly affected.
- Direct Evidence: Emails, texts, or statements from supervisors that reference the protected activity as a reason for the adverse action.
What Is Considered Retaliation?
Under California law, retaliation can include any negative employment action that materially affects the terms and conditions of employment, such as:
To prove retaliation, the employee must show that the adverse action was a direct result of their participation in a protected activity.
Protected Activities Under California Law
California law strictly prohibits retaliation against employees for exercising these legal rights.
- Filing a complaint about discrimination, harassment, or wage violations.
- Reporting unsafe working conditions under Cal/OSHA regulations.
- Whistleblowing: Reporting illegal activities or violations of law to government agencies.
- Taking legally protected leave under the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).
- Participating in workplace investigations or serving as a witness in legal proceedings.
Gathering Evidence for a Retaliation Claim
To build a strong retaliation case, employees should:
- Document Incidents: Keep records of all complaints, reports, or protected activities, along with dates and details.
- Collect Communications: Save emails, texts, or notes from meetings related to the protected activity or adverse action.
- Maintain Performance Records: Keep copies of performance reviews or disciplinary records to show inconsistencies or sudden changes after the protected activity.
- Identify Witnesses: Colleagues who witnessed discriminatory actions or retaliatory behavior can provide valuable testimony.
Filing a Retaliation Claim in Orange County
, you can file a complaint with:
Employees typically have one year from the date of the retaliatory action to file a complaint.
