Retaliation

Under California law, including the Fair Employment and Housing Act (FEHA), the Labor Code, and the California Family Rights Act (CFRA), employers are strictly prohibited from retaliating against employees who engage in “protected activities.” In simple terms, this means an employer cannot punish, discipline, or take adverse action against an employee for exercising their legal rights.

Protected activities are actions that employees are legally allowed to take without fear of retaliation from their employer. These activities are essential to maintaining fair, safe, and lawful workplaces. When employees speak up about wrongdoing or assert their rights, the law is designed to protect them from negative consequences.

Protected activities may include, but are not limited to:

• Refusing to participate in illegal conduct or reporting violations of the law
• Opposing or reporting unlawful discrimination or harassment
• Reporting unsafe or hazardous working conditions
• Complaining about unpaid wages, overtime violations, or working hours
• Requesting a leave of absence under applicable laws
• Requesting a reasonable accommodation for a disability or medical condition
• Using accrued sick leave or protected time off
• Reporting unlawful company conduct to a government agency or regulatory body

Retaliation can take many forms. While termination or suspension are the most obvious examples, retaliation is often more subtle. Employers may attempt to disguise retaliatory behavior through actions that negatively impact an employee’s role, performance, or career growth.

7,800,000

Class Action

900,000

Individual Plaintiff

4,400,000

Class Action

850,000

Individual Plaintiff

4,100,000

Class Action

725,000

Individual Plaintiff

3,600,000

Class Action

420,000

Individual Plaintiff

3,500,000

Class Action

355,000

Individual Plaintiff

3,450,000

Class Action

3,300,000

Class Action

2,870,000

Class Action

Examples of retaliation may include:

• Negative or unjustified performance reviews
• Demotion or reassignment to less desirable positions or shifts
• Reduction in pay, hours, or benefits
• Denial of promotions or advancement opportunities
• Increased scrutiny or unreasonable workload
• Exclusion from meetings, projects, or workplace communication

To establish a retaliation claim under California law, an employee generally must show three key elements: (1) they engaged in a protected activity, (2) they were subjected to an adverse employment action, and (3) there is a causal connection between the protected activity and the adverse action. In other words, the negative treatment occurred because the employee exercised their legal rights, not for a legitimate, non-retaliatory reason.

Timing, patterns of behavior, and inconsistencies in the employer’s explanation are often important factors in proving retaliation. Even if the employer provides a justification, it may still be unlawful if it is a pretext for retaliatory intent.

If successful, employees who have been subjected to retaliation may be entitled to significant compensation and legal remedies, including:

• Lost wages, bonuses, commissions, and employment benefits
• Back pay and future lost earnings
• Compensation for emotional distress, anxiety, and harm to reputation
• Punitive damages in cases involving malicious, oppressive, or fraudulent conduct
• Reinstatement to a former position or restoration of career opportunities
• Attorney’s fees and litigation costs

Taking action against retaliation not only helps you recover your losses but also plays a critical role in holding employers accountable and preventing similar conduct in the workplace.

Bokhour Law Group, P.C. has extensive experience representing employees in retaliation claims throughout California. Our attorneys understand the complexities of these cases and are committed to protecting your rights every step of the way. If you believe your employer has retaliated against you for asserting your rights, contact us for a confidential consultation and case evaluation.