What You Need to Know About Adverse Employment Actions in California
The workplace can present many challenges for employees and employers. However, they should understand their rights and take action should something go wrong. Here’s everything you need to know about California’s adverse employment actions.
Adverse employment may have long-term effects on one’s career and personal life. Taking the appropriate steps to inform yourself and acting on possible situations can help lead a career in a fair direction.
What is Adverse Employment?
Adverse employment discrimination and harassment can take many forms and may also overlap with workplace retaliation. Although many components contribute to adverse employment, California defines it as discriminatory action toward an employee. Employers should not endanger an employee’s opportunity to get hired at another job or advance within the company.
Different situations qualifying as adverse employment include:
- Downgrading an employee’s responsibilities or position
- Reducing pay
- Termination
- Threatening deportation
- Using an employee’s name poorly in the media
Related: How to Collect Unemployment Benefits in California
Pre-Adverse Action Notice
If a job requires a background check before hiring, the manager must give the candidate a Pre-Adverse Action Notice. The pre-adverse notice informs the candidate of the process guiding the background check and provides a time window for the candidate to ask questions or make objections.
What to do When Facing Adverse Employment
If you or someone you know struggles with adverse employment, options are available to prevent further retaliation. The most effective option among those who have experienced adverse employment is to bring forth a lawsuit. Working with a lawyer to form a lawsuit with evidence of retaliation may be a favorable choice.
Related: California Wage Deduction FAQs
Employees may also contact their company’s human resources (HR) department. Individuals working in the HR department are equipped to handle such situations and may provide appropriate resources and advice on the next steps.
Contact Us
If you or a loved one would like to learn more about Understanding Adverse Employment Actions California, get your free consultation with one of our Employment Attorneys in California today!