What You Need to Know About California Workplace Retaliation
Workplace retaliation is often the worst-case scenario for employees combating discrimination or workplace misconduct. Here’s everything you need to know about California’s workplace retaliation laws.
What is Workplace Retaliation?
Workplace retaliation is mistreatment an employee receives after complaining about workplace discrimination, harassment, or other misconduct.
Workplace Retaliation FAQs
1. Can an employee retaliate against an employee for complaining about workplace misconduct?
An employer cannot legally mistreat or target an employee if they complain about some form of misconduct in the workplace or contact the EEOC.
2. Is workplace retaliation illegal in California?
Retaliation is illegal if the affected employee simply opposed or was forced to participate in discrimination toward another employee.
Related: California Employment Law FAQs
3. When can an employee file a retaliation complaint in California?
An employee might file a retaliation complaint if they did not file a complaint based on discrimination.
4. Can an employer punish an employee for opposing an order if it’s discriminatory?
An employee cannot receive punishment for opposing their employer’s order if they reasonably believe the order given was discriminatory or against their beliefs.
5. What does California consider workplace retaliation?
Retaliation includes purposefully changing work schedules outside of stated availability.
6. When can an employee file a claim with the Equal Employment Opportunity Commission?
An employee may file an EEOC claim if the employer threatens to mistreat the employee if they file a claim.
Related: California Wage Deduction FAQs
7. Who does the burden of proof for workplace retaliation fall on in California?
The burden of proof for workplace retaliation claims falls onto the employee.
8. What does a successful workplace retaliation claim achieve in California?
A successful retaliation claim proves an employer committed unfavorable or unfair actions toward the employee as direct discrimination or a misconduct violation.
9. What can workplace retaliation evidence look like in California?
Evidence for a retaliation claim includes documented links of a behavior change due to an employee opposing discrimination or filing a report.
For example: if an employer views the employee’s work as poor after the employee filed a discrimination report, email documentation stating the employer viewed the same work as high quality before filing qualifies as valid proof.
10. How are California job applicants protected from workplace retaliation?
EEOC laws for workplace retaliation protect prospective and current employees from workplace retaliation.
Contact Us
If you or a loved one would like to learn more about California Workplace Retaliation FAQs, get your free consultation with one of our Employment Attorneys in California today!