Workplace retaliation can threaten your income, reputation, and career after you report misconduct or exercise a protected right. If your employer punished you for speaking up, call (949) 379-6250 or contact Aegis Law Firm online for a free consultation with a Mission Viejo employment law attorney.
Retaliation occurs when an employer takes negative action against you because you reported unlawful conduct, requested a protected benefit, or participated in a workplace investigation. Your original complaint does not have to result in a proven violation, but you must have raised the concern in good faith. Retaliation can involve an immediate termination, but many employers use less obvious measures. Examples include:
The conduct may develop through gradual changes designed to reduce your authority, damage your performance record, or pressure you to resign.
California law protects employees who raise concerns about unlawful workplace practices or exercise specific employment rights. Protected conduct may include:
An oral complaint may receive protection, but written communication is concrete and can establish when the employer learned about your concerns.
California provides several protections based on the type of conduct you reported.
Fair Employment and Housing Act
Government Code §12940(h) protects employees who oppose discrimination or harassment. It prohibits an employer from taking action because a person “has opposed any practices forbidden under this part.” This protection may apply when you report protected harassment, request accommodation, or participate in an investigation.
Whistleblower Protection
Employees who disclose suspected legal violations to a supervisor, government agency, or person with authority to investigate are protected under Labor Code §1102.5. It states that an employer “shall not retaliate against an employee for disclosing information.”
The law also protects employees who refuse to participate in conduct that would violate a state, federal, or local law.
Complaints About Wages and Labor Rights
Labor Code §98.6 prohibits an employer from taking adverse action because an employee exercised rights enforced by the Labor Commissioner. Specifically, the statute bars employers from actions that “discriminate, retaliate, or take any adverse action.” This may cover complaints involving wages, overtime, meal periods, rest breaks, and other Labor Code protections.
After you report misconduct, make a protected request, or participate in an investigation, your employer may begin issuing warnings, documenting performance concerns, or changing your duties to justify retaliation as an appropriate action. A Mission Viejo retaliation lawyer lawyer can help you determine:
This investigation can expose gaps between what the employer says and how the decision was actually made. An attorney can use those inconsistencies to strengthen your position during negotiations or litigation.
Call (949) 379-6250 or contact Aegis Law Firm online to arrange a free consultation today.