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Retaliation Experienced Trial Attorneys









EMPLOYMENT LAW INSTANT CASE EVALUATION

Retaliation Lawyer

In California, most employment relationships are "at-will," meaning employees can quit or resign at any time, and employers can terminate employment without reason. According to California Labor Code section 2922, "An employment, having no specified term, may be terminated at the will of either party on notice to the other." However, this right to terminate employment is not absolute. "Retaliation" occurs when an employer unlawfully terminates, demotes, or discriminates against an employee for engaging in protected activities, such as reporting discrimination or harassment. This is prohibited because it penalizes employees for exercising their legal rights. Whether retaliation has occurred often depends on whether the employer's stated reason for discipline is pretextual and whether evidence suggests discriminatory or retaliatory motives (Joaquin v. City of Los Angeles, 2012).
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Both federal and state laws prohibit retaliation against employees who oppose or report prohibited discrimination or harassment. Key statutes include:

  • FEHA Retaliation: The Fair Employment and Housing Act (FEHA), California Government Code sections 12900 – 12996, protects job applicants and employees.
  • FLSA Retaliation: The Fair Labor Standards Act (FLSA), 29 United States Code section 201, et seq.
  • Title VII Retaliation: Title VII of the Civil Rights Act of 1964, 42 United States Code section 2000e, et seq.
  • Healthcare Worker Retaliation Lawyer: California Health and Safety Code section 1278.5 protects health care employees who report issues with care quality.
  • Injury Retaliation Lawyer: California Labor Code section 132a protects employees who file workers' compensation claims.

 

Additional California laws that protect against retaliation include:

  • California Labor Code section 98.6: Prohibits retaliation for filing complaints or claims related to unpaid wages.
  • California Labor Code section 230(a): Protects employees who take time off for jury duty.
  • California Labor Code section 230(b): Protects crime victims who take time off to provide witness testimony.
  • California Labor Code sections 230(c)-(f): Requires reasonable accommodation for employees who are victims of crime or violence.
  • California Labor Code section 230.1: Protects employees of larger employers who take time off to seek medical or psychological help, or safety planning, due to crime or abuse.

 

Retaliation claims can proceed to trial even if primary claims (e.g., discrimination or harassment) are dismissed. To establish a prima facie case of retaliation, an employee or job applicant must show:

  1. Engagement in a protected activity (e.g., reporting sexual harassment).
  2. Subjection to an adverse employment action (e.g., termination or demotion).
  3. A causal link between the protected activity and the adverse action (e.g., termination soon after the complaint) (Lewis v. City of Benicia, 2014).

If you believe you have been a victim of retaliation, contact SAW LAW GROUP for expert legal assistance and representation.

  

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