Facing workplace retaliation can be stressful, especially when it comes shortly after reporting discrimination, unsafe conditions, or other misconduct while on the job. Under employment law, employees have worker rights that shield them when they fulfill a protected action, like filing a complaint or participating in an investigation. Yet in such situations, some employers will respond with retaliatory actions that result in unfair treatment, sudden discipline, or even termination.
It is important for workers to know what retaliation looks like, why it is considered unlawful, and what effective steps to take when they believe they are experiencing such mistreatment. This will ultimately help affected individuals know how employment law applies to these circumstances and when legal action may be needed to protect your rights.
What Qualifies As Employer Retaliation?
Retaliation occurs when an employee is engaged in a legally protected activity and is met with an employer who takes negative actions against them because they spoke up, asserted a right, or participated in an investigation. The focus is not on if the employer claims the decision was valid, but on whether such negative treatment was motivated by the employee speaking up or asserting their rights. Retaliation usually follows complaints about:
- Workplace harassment
- Discrimination
- Reports of illegal activities within the organization
It can also appear when an employee raises concerns over unsafe or unfair workplace conditions, participates in an internal investigation, or cooperates with government agencies. If an employee’s job treatment changes shortly after either of these actions are done, that timing can be used as a strong indicator that retaliation happened.
An employer punishes an employee in a way that could discourage someone from reporting misconduct. This can include termination, reduced hours, or unfavorable schedule adjustments. Even subtle actions may qualify if they affect an employee’s role, pay, or future opportunities.
Retaliation could also exist when an employer creates or allows a hostile work environment after a complaint. Increased scrutiny, exclusion, or hostility in relation to the employee’s protected activity can qualify as retaliation if it affects their ability to fulfill their job.
Common Examples of Retaliation by an Employer
Unlawful retaliation occurs when an employer responds to an employee’s protected activity by taking actions that discipline or prevent that employee from speaking up. These actions do not necessarily have to be dramatic to be illegal. Workplace changes could still suggest retaliation when they happen shortly after a complaint has been made.
One common example is when an employer suddenly adjusts an employee’s job duties in a negative aspect, like placing them at a less desirable position, removing responsibilities that are connected to promotions or bonuses, or setting unrealistic expectations after the employee notifies higher authorities about fair pay or workplace violations. When these changes follow protected activity, they may suggest retaliation rather than valid business needs.
Retaliation can also be attached to wage complaints. If an employee reports violations that involve minimum wage or unpaid overtime, and the employer responds with pay cuts, reduced hours, or loss of commissions, that could qualify as unlawful retaliation. Even subtle reductions in earnings could be considered illegal if they are connected to the employee asserting their wage rights.
Other examples include:
- Write-ups
- Poor performance reviews
- Increased scrutiny that did not exist prior to the complaint
How Serious Is Retaliation at Work?
Retaliation at work can be taken very seriously as it can have immediate consequences for employees and employers. When retaliatory behavior happens, it usually shows up as sudden negative changes in how an employee is being treated after they have voiced concerns over misconduct or exercised their legal rights. These changes can affect a person’s career, finances, and overall well being.
Many retaliation cases start after an employee reports certain concerns, like sexual harassment, unsafe working conditions, or wage violations. Instead of having the problem addressed, some employers will respond by punishing the employee through demotions (transfers into less desirable positions). When a worker is fired after voicing concerns over an issue, the situation may rise to the level of wrongful termination, which is viewed as one of the most severe forms of retaliation.
The impact of retaliation goes far beyond lost income or job status. Sudden changes at work can greatly affect an employee’s mental and emotional health. Ongoing stress, fear of additional punishment, or isolation can all take a major toll on a person’s ability to function both professionally and personally.
Can You Be Fired for Reporting Workplace Issues?
In most cases, you cannot legally be fired for reporting a problem when you are exercising your workplace rights. Under federal and state laws, employees are protected when they voice concerns over harassment, discrimination, wage violations, or unsafe conditions.
Federal Law
At the federal level, Title VII protects employees who report discrimination or harassment (This also includes sexual harassment), the Fair Labor Standards Act (FLSA) shields workers who complain about unpaid overtime or minimum wage violations, and the Occupational Safety and Health Act (OSHA) defends employees who report unsafe working conditions.
State Law
Additional protection is available through state laws, as well. In California, Labor Code § 1102.5 protects employees who raise concerns over illegal activities or suspected violations of law, while Labor Code §§ 98.6 and 6310 restrict retaliation for wage and safety complaints.
If an employer happens to punish you by firing or demoting you because you spoke up, that may qualify as retaliation. Being terminated shortly after making a report is seen as a red flag that the employee is facing retaliation, and not valid discipline.
While employers can still fire employees for lawful-related reasons, they cannot do so in circumstances where an employee is exercising their protected workplace rights. If the timing or circumstances suggest punishment for alerting an issue, the termination could be illegal under state laws.
What Can You Do If Your Boss Retaliates Against You?
If your boss retaliates against you, there are important steps to take.
- Identify Retaliation- You should know what retaliation looks like. It usually involves an adverse action, meaning a negative change has been made to your job that happens because you spoke up. This can include getting fired, demoted, having your hours cut, or filing a formal complaint. Timing matters, and a close connection between your complaint and the interaction you received can support a retaliation claim.
- Gather Evidence- Start protecting yourself immediately by keeping detailed records at hand. This means saving emails, messages, performance reviews, and responses made by management or human resources (HR). You should also keep detailed documentation of what happened after your complaint, such as noting dates, times, who was involved, and what was said or done. Even minor adjustments, like shifts in tone or sudden schedule changes, can become important evidence later.
- Report the Incident- You should reach out to HR in writing, detailing the retaliation you were met with by your employer. If the company fails to investigate or correct the issue after being notified, that documentation can become important evidence in support of your claim. Be clear that what they did to you is considered as retaliatory behavior and is tied to your protected activity.
- Take Legal Action- You can submit a retaliation claim with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). The EEOC enforces federal workplace laws and investigates retaliation tied to discrimination, harassment, or other protected traits. The CRD manages similar claims under California’s Fair Employment and Housing Act (FEHA). There are strict deadlines to follow, so be sure to have this completed quickly.
How Long Do I Have to File a Retaliation Claim in California?
For retaliation pertaining to discrimination, harassment, or other protected traits under FEHA, you will have three years to file an administrative complaint within the CRD. This is required before you bring a lawsuit in court. If the retaliation involves wage and hour violations, you will be given one year to file a retaliation complaint with the Labor Commissioner (California Labor Code § 98.6). Certain wage claims could have longer statute of limitation.
For retaliation claims that are sought under federal law, like Title VII of the Civil Rights Act of 1964, employees will usually be given 300 days to file a charge with the EEOC when California law also covers the claim. Since different retaliation claims can overlap and have different deadlines, it is encouraged to fulfill your legal obligations promptly and confirm which timeline may apply to your situation.
An employment lawyer can help evaluate if the retaliation goes against state or federal law, whether the employer’s response qualifies as an adverse action, and what remedies may be available. Retaliation is usually harder for employers to defend than the original complaint itself, especially when you have documentation that shows a change in treatment after you voiced your concerns.
Have You Been Retaliated Against At Work? West Coast Employment Lawyers Is Available
If you are facing employer retaliation, West Coast Employment Lawyers is readily available to help you pursue legal action. Our skilled employment lawyers can take a look at your situation, go over your legal protections, and check to see if you have a successful retaliation claim.
We represent employees who have gone through termination, demotion, or other adverse actions after voicing concerns over illegal activities happening within the workplace. Based on the factors presented, a retaliation claim may allow you to recover lost wages, back pay, and compensation for emotional distress that stem from your employer’s behavior.
If you believe your employer retaliated against you, you do not have to go through the legal process on your own. Our team is here to help you seek justice and pursue compensation you may be entitled to. To book a FREE consultation, we invite you to reach out to us by calling (213) 927-3700 or completing our quick online contact form.
