How Do I Prove California Workplace Retaliation?
Like most employees, and their employers, the Los Angeles employment law attorney at the Leichter Law Firm, APC, Aryeh Leichter, knows that workplace retaliation is illegal in California.
The California Labor Commission specifically prohibits discrimination and retaliation against employees and job applicants throughout the state.
While discrimination and retaliation against an employee because of their age, race, disability, or reporting violations of law is clearly illegal, proving retaliation is occurring may be more difficult than simply accusing the employer of the act.
Here is what California employees need to know about pursuing a workplace retaliation claim.
How Can I Prove Workplace Retaliation in California?
Before California employees can prove workplace retaliation occurred, they must show:
- They engaged in a protected activity.
- The employer took adverse employment action against them.
- A link between the protected activity and the adverse employment action.
A protected activity may include:
- Filing or assisting in a Qui Tam lawsuit under the California False Claims Act.
- Opposing, complaining about, or participating in an investigation of workplace harassment or employment discrimination.
- Reporting workplace employment violations.
- Requesting reasonable accommodations for a disability or their religious beliefs.
An adverse employment action may include:
- Being passed up for promotion.
- Changing workplaces to an unfavorable area/location.
- Could shoulder treatment.
- Decreased pay.
- Exclusion from work activity and decision-making.
- Formal reprimands.
- Poor performance reviews.
- Reassignments to punish the employee.
- Verbal/physical abuse.
- Withholding benefits.
If you believe your employer is retaliating against you for standing up for your rights as a California employee, contact the Los Angeles employment lawyer at the Leichter Law Firm today to discuss your case during a free consultation.
What Proof Do I Need that My California Employer is Retaliating Against Me?
California employees have the right to pursue a retaliation claim against their employers. To effectively do so, they must submit evidence that proves the retaliation was true.
That may include:
- Correspondences, emails, texts, and messages establishing retaliation has occurred.
- Work diaries noting the times and dates they believe they were being retaliated against.
- Lists of other employees who are and who are not being treated the same way.
- The company handbook and policies outlining deliberate violations.
- Formal complaints to the human resources department, manager, or supervisor outlining the form(s) of retaliation, and how it has impacted workplace performance.
Although this is not an exhaustive list of supporting documentation for California retaliation cases, these facts are a good start.
In California, employees must obtain a right-to-sue letter from either the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
Next, contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.