Speaking up about illegal activity in the workplace—such as discrimination, harassment, wage violations, or safety hazards—should not put your job at risk. However, some employers retaliate against workers who exercise their rights. Retaliation is illegal, and if you’ve been punished for reporting misconduct, you may be entitled to compensation.
Contact PLBH at (800) 435-7542 for a free legal consultation to discuss your case and learn how to protect yourself.
What Is Workplace Retaliation?
Retaliation occurs when an employer takes negative action against an employee for engaging in a legally protected activity, such as reporting unlawful behavior or participating in an investigation. This can happen in many forms, including:
- Termination or demotion – Being fired or moved to a lower-paying job without a valid reason.
- Pay cuts or reduced hours – A sudden decrease in wages or work hours after making a complaint.
- Unwarranted disciplinary actions – Receiving unfair warnings or negative performance reviews.
- Hostile work environment – Being excluded from meetings, reassigned to undesirable tasks, or mistreated by supervisors and coworkers.
- Threats or intimidation – Verbal or written warnings designed to pressure an employee into staying silent.
If you’ve experienced any of these actions after reporting unlawful conduct, you may have a case for retaliation.
How to Prove Retaliation in the Workplace
To successfully prove workplace retaliation, you will need to provide evidence that your employer took adverse action against you because of your complaint. Here’s what you need to establish:
1. You Engaged in a Protected Activity
Under both federal and California employment laws, employees have the right to report workplace violations without fear of punishment. Protected activities include:
- Filing a complaint about discrimination, harassment, or wage violations.
- Reporting unsafe working conditions to OSHA or other regulatory agencies.
- Participating in a workplace investigation.
- Refusing to engage in illegal activity.
- Requesting reasonable accommodations for a disability or religious belief.
2. Your Employer Took Adverse Action Against You
You must show that after engaging in a protected activity, your employer took harmful action that affected your job. This could include being fired, demoted, denied promotions, or facing unjustified disciplinary measures. Keep records of any sudden changes to your job responsibilities, performance evaluations, or pay.
3. A Connection Exists Between Your Complaint and the Retaliation
The final step is proving that your employer’s actions were a direct result of your complaint. This can be demonstrated through:
- Timing – If the retaliation occurred shortly after you reported misconduct, this could indicate a connection.
- Statements from supervisors or coworkers – Any comments that suggest you are being punished for speaking up.
- Inconsistent explanations – If your employer provides shifting or weak justifications for their actions, it may indicate retaliation.
Steps to Take If You Suspect Retaliation
If you believe you are facing retaliation, taking immediate action is crucial to protecting your rights.
- Document Everything – Keep copies of emails, performance reviews, and any communications related to your complaint and any negative treatment afterward.
- Follow Internal Procedures – If your workplace has a grievance process, follow the required steps and submit a formal complaint about the retaliation.
- File a Complaint with the EEOC or DFEH – If your employer does not address the issue, you can file a retaliation complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH).
- Consult with an Employment Law Attorney – An experienced lawyer can help you build a strong case and take legal action if necessary.
Know Your Rights and Take Action
Workplace retaliation is illegal, and you don’t have to face it alone. If you’ve been punished for reporting unlawful conduct, you may be entitled to reinstatement, lost wages, and other damages. Contact PLBH at (800) 435-7542 for a free consultation to discuss your case and explore your legal options.