As a California worker, you have many rights that your employer cannot legally trample on. Unfortunately, this does not mean that it does not happen. One of the rights you have is to be able to file a complaint, take part in a workplace investigation, or refuse to do something illegal for your employer without fear of retaliation.
Continue reading to learn what we mean by workplace retaliation and what you can do about it if it happens to you. Then contact an employment attorney in California by calling The Law Offices of Larry H. Parker at 800-333-0000 for a free consultation.
Understanding Anti-Retaliation Laws
These laws assure that you cannot be legally punished by your employer if you file a complaint, participate in a workplace investigation, or are not willing to engage in illegal activity in the area. If this happens to you, then there are legal steps you can take to recover damages, including lost wages, pain and suffering, and others.
Examples of Workplace Retaliation
Of course, you are likely wondering: what counts as workplace retaliation? There are many forms it can take, but common examples include being fired, demoted, or having your salary reduced. Your employer could change your shifts, exclude you from staff meetings, deny you a promotion or raise you were entitled to, reassign or transfer you, or give you a poor performance review for no valid reason.
Determining When Retaliation is Retaliation
Of course, many of the elements described above could happen at any time without it being considered retaliation. So how do we determine what is retaliation and what is just a normal part of your workplace? The law considers what a “reasonable person” would consider that the employer’s actions were a direct response to the actions the employee took.
Note too that your employer being upset with you or unfriendly with you is not retaliation. Their behavior and actions must be serious enough to interfere with your ability to do your job in order for it to be legally considered retaliation.
Your First Step if You Are Being Retaliated Against
If you believe that you are being retaliated against, the first thing you should do is talk to a supervisor or human resources rep to find out why the negative acts are happening to you. If you were denied a raise and your HR person can show that it’s due to a reduction in our production, then you are not likely to have success with a retaliation case.
If you are not sure what your options are, we suggest that you talk to a personal injury attorney to find the best way forward. You can easily reach The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.