Under California labor law, employers cannot retaliate against employees who:

• Report violations of the law,
• Report or participate in an investigation of workplace harassment or employment discrimination,
• Request reasonable accommodations for a disability or religious belief,
• File or assist in a “qui tam” lawsuit under the California False Claims Law.

These workplace retaliation laws fill a significant gap in California employment law. While it is true that employees are protected against wrongful termination in a variety of circumstances, employees who do not lose their jobs but instead experience adverse employment actions have a more difficult time finding legal solutions.

But the workplace retaliation provisions of California’s whistleblowing laws and the Fair Employment and Housing Act (“FEHA”) retaliation laws provide a legal solution for individuals whose employers retaliate against them for exercising their rights under these laws while not firing them.

How do you know if your employer is participating in retaliation in the workplace?

When the adverse employment action is dismissal (job loss), then it is easy to identify this as a case of possible wrongful termination.

But other forms of employer retaliation can be more subtle and harder to detect. Some telltale signs that your employer may be retaliating against you include:

• You start to receive negative reviews about performance even though your previous reviews were positive.
• Your workload increases.
• They assign you to less desirable shifts.
• Your supervisors exclude you from meetings or make it difficult for you to carry out your projects.
• You are denied a promotion or raise that you think you deserve.
• You are subject to disciplinary action for false charges or wrong reasons.
• You are denied access to resources or training that would help you maintain the quality of your job or advance your career.

If you have questions about California workplace retaliation law or would like to discuss your case confidentially with one of our qualified California labor and employment attorneys, please do not hesitate to contact El Aliado.