You may wonder about your rights if you have been retaliated against at work. Workplace retaliation is when an employer takes adverse action against an employee in response to that employee exercising a legal right, such as filing a workers' compensation claim or complaining about discrimination. In this blog post, we will outline the protections offered under federal and California law and discuss how to file a complaint if you have been retaliated against.
What Is Considered Workplace Retaliation?
A few different types of adverse actions can constitute workplace retaliation. Some common examples include:
- Firing
- Demotion
- Suspension
- Decreased pay or hours
- Poor performance reviews
- Transfer to a less desirable position
- Harassment or mistreatment from coworkers or supervisors
These are just some examples of retaliatory action - the list is not exhaustive. If you have been subject to any adverse action at work that you believe is in response to exercising a legal right, you must speak with an experienced attorney to discuss your options.
The Protections Offered Under Federal and California Law?
There are robust laws in place to protect employees from employer retaliation, both on the federal and states level. Let's explore a few of these protections.
Labor Code section 230(e)
This code makes it unlawful for an employer to retaliate against an employee for reporting a work-related injury or illness. This law applies to all employers in California, regardless of size.
The Occupational Safety and Health Act
OSHA is a federal law that protects employees from retaliation for reporting unsafe working conditions. Under this law, employees are protected from being fired, demoted, suspended, or retaliated against for voicing concerns about working conditions.
The National Labor Relations Act
This federal law protects employees' rights to engage in "concerted activity," which includes activities like forming a union, protesting working conditions, or discussing wages with coworkers. Employers are prohibited from retaliating against employees for engaging in concerted activity.
The California Whistleblower Act
Also known as Government Code section 8547 protects state and local government employees from retaliation for reporting waste, fraud, or abuse.
How Do I File A Complaint If I Have Been Retaliated Against?
It is highly recommended to seek the legal guidance of an experienced employment lawyer. An employment lawyer will be able to assess the particulars of your case and provide you with the best course of action.
We Are Here To Advocate For You!
If you have been the victim of workplace retaliation, we can help. The experienced employment law attorneys at Gaines & Gaines, APLC are dedicated to advocating for the rights of employees. We will fight to get you the justice and compensation you deserve. Contact us today to schedule a consultation.
Contact us today by calling (866) 400-4450 or filling out our website contact form.