California law prohibits employers from punishing employees who report illegal conduct, file complaints, or exercise their legal rights. If you've faced retaliation, here's what you need to know.

Workplace retaliation is one of the most common — and most serious — employment law violations. When employees speak up about illegal conduct, they sometimes face punishment from their employers. California law provides robust protection against this.

What Is Workplace Retaliation?

Retaliation occurs when an employer takes an adverse action against an employee because of the employee's engagement in a protected activity. It is illegal and can be the basis for a separate legal claim — even if the underlying complaint you made turned out to be unfounded.

Protected Activities Include:

• •Reporting discrimination or harassment internally (to HR or management)
• •Filing a complaint with the DFEH, EEOC, or other government agency
• •Cooperating in an investigation of workplace misconduct
• •Taking protected medical or family leave
• •Filing for or claiming workers' compensation benefits
• •Reporting labor code violations or wage theft
• •Refusing to participate in illegal activity
• •Whistleblowing to government agencies

What Counts as an Adverse Action?

Adverse actions include: termination, demotion, reduction in hours or pay, transfer to a less desirable position, denial of promotion, increased scrutiny or micromanagement, exclusion from meetings or opportunities, and creating a hostile work environment following the protected activity.

Proving Retaliation

Three elements are generally required: (1) you engaged in a protected activity, (2) your employer took an adverse action, and (3) there is a causal connection between the two. The timing of the adverse action is often critical evidence.

If you've been retaliated against for speaking up, consult with an employment attorney promptly.

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