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If you lost your job, hours, or advancement opportunities after reporting misconduct or exercising a protected right, Our Long Beach employment law attorneys from Aegis Law Firm can investigate what happened and help you pursue a retaliation claim.
Call (949) 379-6250 or contact us online for a free consultation with a Long Beach retaliation lawyer. We can explain your options before you respond, resign, or accept severance.
A Long Beach retaliation case’s value depends on what the adverse actions cost you, which remedies apply, and the evidence supporting your claim. Potential types of compensation include:
Your lawyer can evaluate missed promotions, benefit replacement costs, and the effect on your earning capacity.
Your case may support punitive damages when your employer intended to harm you or subjected you to cruel and unjust treatment while knowingly disregarding your rights. These damages punish serious misconduct and may be awarded in addition to compensation for lost income and emotional distress. However, California Civil Code section 3294 requires clear and convincing evidence of “oppression, fraud, or malice.”
If your employer is a corporation, the evidence must also establish the involvement of an officer, director, or managing agent. For example, internal messages showing that one of those decision-makers ordered management to force you out because you reported unlawful conduct may support punitive damages.
California law protects your right to report suspected workplace violations, object to discrimination or harassment, and request qualifying leave or a disability accommodation.
You may have protection after reporting harassment, opposing discrimination, or assisting an investigation. Government Code section 12940(h) prohibits punishment because someone “has opposed any practices forbidden under this part.” Subsections (l)(4) and (m)(2) separately protect religious and disability accommodation requests, even when the request is denied.
Labor Code section 98.6 bars employers from taking steps to “discriminate, retaliate, or take any adverse action” for oral or written unpaid wage complaints, which is covered conduct.
If you report something at work that you reasonably believe violates the law, California’s whistleblower law may protect you from being punished for speaking up. Your report can go to a government agency, your supervisor, or someone at work who has authority to investigate or correct the problem. Under California Labor Code section 1102.5, employers “shall not retaliate against an employee for disclosing information.”
Eligible employees may have protection when exercising their “right to family care and medical leave” under Government Code section 12945.2(k). A retaliation lawyer can review how long you have worked for the company, your hours, your employer’s size, and why you needed leave to determine whether the law protects your time away and your right to return to work.
Proving retaliation means showing that your employer punished you because you exercised a legally protected right. That right might involve reporting harassment, complaining about unpaid wages, or requesting a disability accommodation. Evidence of harmful treatment is also needed, such as a demotion, reduced hours, or termination, and a connection between that treatment and your complaint or request.
If your employer punished you for reporting discrimination or harassment, requesting a disability or religious accommodation, or participating in a workplace discrimination investigation, your retaliation claim may fall under California’s Fair Employment and Housing Act (FEHA). For retaliation claims under FEHA, courts require your protected complaint or request to be a “substantial motivating reason” for the employer’s action. This means it actually influenced the decision and played more than a minor role.
For example, suppose you report sexual harassment and a supervisor calls you “disloyal” for raising the issue. If that supervisor later helps decide to deny you a promotion, the statement may help prove their decision was influenced by retaliation. Your attorney can question the people involved and recover internal communications demonstrating how your complaint led to the denial.
If you complain about unpaid wages and your employer cuts your hours at any point within the three months after, the protections under Labor Code section 98.6 may apply. The statute creates a “rebuttable presumption in favor of the employee’s claim” when prohibited action occurs within 90 days of activity protected by that law.
This presumption gives your claim a legal advantage, meaning the law presumes retaliation occurred, while allowing your employer to present evidence challenging that allegation. Your attorney can establish when you complained, when management learned about it, and when your hours changed, then examine the employer’s explanation.
Retaliation can be subtle or over, affecting employees in a variety of ways. For example:
Proving a connection between your employer’s adverse action and protected conduct is critical.
Q: Can I Bring a Claim While Still Employed?
A: You can pursue a retaliation claim while continuing to work. An employment attorney can help you respond to ongoing discipline and evaluate proposed transfers or separation agreements before you make a decision that could impact your claim.
Q: What if My Original Complaint Was Unproven?
A: Even if your report of suspected harassment or discrimination cannot be proven, your actions may still be protected from retaliation if you reasonably and in good faith believed the conduct was unlawful. For example, you might report sexual comments to human resources, but the investigator says there is insufficient evidence to substantiate your complaint. If your employer later demotes you for raising that concern, you may still have a retaliation claim.
Q: How Long Do I Have to File a Retaliation Claim?
A: The deadline depends on the right you exercised and where you pursue your claim:
Losing income or facing punishment after raising a workplace concern can leave you unsure how to move forward. Aegis Law Firm can evaluate whether your employer violated your rights and explain your options for seeking compensation. Call (949) 379-6250 or contact us online for a free consultation with a Long Beach retaliation lawyer.