Doing the right thing in the workplace can sometimes come at a cost. In California, however, employees are generally protected from retaliation for doing the right thing, such as reporting violations of the law or company policies. Matern Law Group, a leading plaintiff-side employment law firm, is committed to ensuring a safe and ethical work environment for all Californians. Let’s explore California’s strong anti-retaliation laws and how they protect you from being punished for reporting wrongdoing.
California workplace retaliation laws: Your shield
California’s Labor Code Section 1102.5, also known as the “anti-retaliation statute,” prohibits employers from retaliating against employees who engage in certain “protected activities.” These activities include:
- Reporting violations of law: This covers a wide range of issues, such as wage theft, unsafe working conditions, discrimination, or harassment.
- Reporting ethics violations: If you witness or suspect illegal or unethical activity within the company, such as accounting fraud or environmental violations, you are protected when you report it.
- Cooperating with investigations: If you are interviewed by a government agency or participate in an internal investigation stemming from a reported violation, you cannot be penalized for doing so.
- Filing a complaint: Whether it’s a formal complaint with the Department of Fair Employment and Housing (DFEH) or a grievance filed through your company’s internal process, California protects you from retaliation for taking these steps.
What constitutes retaliation?
Retaliation can take many forms, including:
- Termination or layoff
- Demotion or negative performance reviews
- Reduced work hours or pay cuts
- Increased workload or undesirable assignments
- Exclusion from meetings or projects
- Hostile work environment
The burden of proof: How to show you were retaliated against
California law uses a “protected activity presumption” to help employees prove retaliation. If you engaged in a protected activity (e.g., reporting a safety violation) and suffered an adverse employment action (e.g., termination) shortly afterward, the burden shifts to the employer to demonstrate a legitimate, non-retaliatory reason for the action. Only if the employer successfully demonstrates a legitimate, non-retaliatory reason must an employee offer evidence to show that the employer’s proffered reason is pretext, or a false excuse, for retaliation.
What can you do if you experience retaliation?
If you believe you’ve been retaliated against for reporting a workplace violation, there are steps you can take:
- Gather evidence: Document everything – dates, times, witnesses, emails, or any other details related to the violation and the alleged retaliation.
- Report the retaliation: Inform your supervisor or HR department about the retaliation.
- Seek legal counsel: A consultation with an experienced employment lawyer at Matern Law Group can help you understand your rights and explore legal options.
It is important to take these steps as soon as you can – complicated statutes of limitation pose risks to legal remedies for employees if they do not take action within a designated period of time. If employees swiftly take these steps and contact an experienced attorney at Matern Law Group, these risks can be minimized.
Don’t be silenced: Matern Law Group is here to help
California law protects your right to speak up about wrongdoing without fear of reprisal. At Matern Law Group, we understand the difficult decisions employees face when reporting violations and the potential consequences of retaliation. We are committed to fighting for your rights and holding employers accountable for illegal retaliation.
If you have been retaliated against for reporting a workplace violation, don’t hesitate to contact Matern Law Group for a free consultation. We will review your situation and advise you on the best course of action. Together, we can ensure a safe and ethical work environment for all Californians.
