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Understanding
Retaliation in The
California Workplace
No one should have to worry about their employer retaliating against
them. Unfortunately, retaliatory behaviors are not uncommon in California
workplaces, and they happen for a variety of reasons.
In some cases, retaliation occurs as a result of discrimination. In other
cases, retaliation happens when an employee speaks up about unlawful or
unsafe workplace conditions and/or violations.
Both federal and state laws provide protections for employees when it
comes to retaliatory conduct on the part of their employer. Employers
are not allowed to retaliate against workers who seek to protect their
legal rights, report employment law violations, or go to court to serve
as a witness against their employer.
Understanding California Workplace Retaliation
1 Discrimination claims
Retaliation in the workplace can arise in various ways. This can include:
An employer cannot retaliate against an
employee for filing a legitimate complaint
or lawsuit against the company, including
lawsuits that allege discriminatory
conduct or harassment.
2 FLSA/Labor Code claims
Under the Fair Labor Standards Act and the California Labor Code, employees are
entitled to receive minimum wage as well as required overtime pay. Employees
cannot be retaliated against for claiming their rights to be paid proper wages.
3 Whistleblower cases
If an employee reports their
employer for not respecting labor
laws or other types of violations,
they will typically be protected under
state and federal whistleblower acts.
Additionally, if fraud is reported
against the federal government, an
employee can seek protection under
the False Claims Act.
Workers compensation issues Forming or joining a union
Nearly every employee in California
has the right to workers compensation
and other benefits under the terms of
their employment. Retaliation against
workers who receive or seek these
benefits is unlawful.
Employers cannot retaliate against
workers for participating in lawful
union activities.
4 5
Signs That Retaliation Has Occurred In Your
Workplace
Often, the signs of workplace retaliation are obvious. Perhaps
the most blatant form of retaliation is the termination of an
employee after they seek to ensure their rights are upheld.
However, there are other times when retaliation is more subtle
and harder to identify.
Some other signs that an employer could be retaliating against a worker
include the following:
01 02 03
Increased workload Less desirable shift
assignments or a
transfer
Being excluded
from meetings or
correspondence
04
Denial of a promotion or raise
05
Unwarranted disciplinary
actions
06
Receiving negative
performance reviews after a
string of positive reviews
07
Being denied access to
training and resources
Hire An Attorney
If you or a loved one have been unlawfully
retaliated against in the workplace, you can
count on the team at Mancini & Associates to
help you.
Their California workplace retaliation attorney,
Tara Licata has extensive experience handling
complex employment law cases, and she knows
what it takes to investigate these claims in order
to determine liability.
15303 Ventura Blvd Suite 600
Sherman Oaks, CA 91403
818-783-5757
https://www.mamlaw.net/contact/
WEBSITE
PHONE
ADDRESS
Thank You
12

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Understanding Retaliation in The California Workplace

  • 2. No one should have to worry about their employer retaliating against them. Unfortunately, retaliatory behaviors are not uncommon in California workplaces, and they happen for a variety of reasons. In some cases, retaliation occurs as a result of discrimination. In other cases, retaliation happens when an employee speaks up about unlawful or unsafe workplace conditions and/or violations.
  • 3. Both federal and state laws provide protections for employees when it comes to retaliatory conduct on the part of their employer. Employers are not allowed to retaliate against workers who seek to protect their legal rights, report employment law violations, or go to court to serve as a witness against their employer. Understanding California Workplace Retaliation
  • 4. 1 Discrimination claims Retaliation in the workplace can arise in various ways. This can include: An employer cannot retaliate against an employee for filing a legitimate complaint or lawsuit against the company, including lawsuits that allege discriminatory conduct or harassment. 2 FLSA/Labor Code claims Under the Fair Labor Standards Act and the California Labor Code, employees are entitled to receive minimum wage as well as required overtime pay. Employees cannot be retaliated against for claiming their rights to be paid proper wages.
  • 5. 3 Whistleblower cases If an employee reports their employer for not respecting labor laws or other types of violations, they will typically be protected under state and federal whistleblower acts. Additionally, if fraud is reported against the federal government, an employee can seek protection under the False Claims Act.
  • 6. Workers compensation issues Forming or joining a union Nearly every employee in California has the right to workers compensation and other benefits under the terms of their employment. Retaliation against workers who receive or seek these benefits is unlawful. Employers cannot retaliate against workers for participating in lawful union activities. 4 5
  • 7. Signs That Retaliation Has Occurred In Your Workplace Often, the signs of workplace retaliation are obvious. Perhaps the most blatant form of retaliation is the termination of an employee after they seek to ensure their rights are upheld. However, there are other times when retaliation is more subtle and harder to identify.
  • 8. Some other signs that an employer could be retaliating against a worker include the following: 01 02 03 Increased workload Less desirable shift assignments or a transfer Being excluded from meetings or correspondence
  • 9. 04 Denial of a promotion or raise 05 Unwarranted disciplinary actions 06 Receiving negative performance reviews after a string of positive reviews 07 Being denied access to training and resources
  • 10. Hire An Attorney If you or a loved one have been unlawfully retaliated against in the workplace, you can count on the team at Mancini & Associates to help you. Their California workplace retaliation attorney, Tara Licata has extensive experience handling complex employment law cases, and she knows what it takes to investigate these claims in order to determine liability.
  • 11. 15303 Ventura Blvd Suite 600 Sherman Oaks, CA 91403 818-783-5757 https://www.mamlaw.net/contact/ WEBSITE PHONE ADDRESS