What constitutes retaliation?

It is unlawful for an employer to retaliate against an employee who engages in “protected activity” under the Fair Employment and Housing Act or the California Labor Code.  For example, an employee who objects to discrimination or harassment in the workplace is protected from retaliation. The employee must reasonably believe the activity he or she opposes is unlawful, but it need not actually be found unlawful by a court.

What are some examples of retaliation?

Retaliation claims are often filed in conjunction with other causes of action such as discrimination or harassment. Below are some common examples of retaliation from prior cases:


    Female employee refused her male manager's constant cat-calls and requests to go on a date. After reporting the manager's conduct to management, she is terminated. The female employee would have both a sexual harassment and a retaliation claim.   Employee believed his manager was racially harassing African-American employees in his department. He reports this to management, and two days later is demoted into another position in a different department.  


  Company is suffering from financial distress and unable to pay employees their entire pay check each pay period. After an employee makes a complaint to his manager about not being paid, he is immediately fired. The employee would have both an unpaid wage claim and a retaliation claim.   Employee complains to management that he is not being given proper meal breaks. One week later he is suspended for two weeks and told that if he wants proper meal breaks he should change jobs.  

How can an attorney help you?

An attorney can help navigate the complex process required to file and litigate a retaliation complaint. Our firm is well-versed in gathering initial facts, advising clients on their alternatives, preparing a complaint, and litigating a retaliation case until resolution. Remember: no recovery, no fees. We only get paid if we obtain a positive recovery in your case.
Socal Employment Counsel - Representing Employees in Workplace Disputes Throughout Southern California
Socal Employment Counsel - Representing Employees in Workplace Disputes Throughout Southern California
We can review the facts of your case and give you an honest evaluation of any retaliation issue you are facing. 

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