California workers have strong legal protections against retaliation. Employers cannot punish employees for asserting their workplace rights and engaging in certain “protected activities.” What does this mean? “Protected activity” means the specific actions that employees are legally allowed to take without fear of retaliation. This includes many common situations:
1. Reporting Workplace Discrimination or Harassment
Employees have the right to speak up about discrimination or harassment based on:
- Race
- Gender
- Sexual orientation
- Religion
- National origin
- Disability
- Age
- Pregnancy
Protected activity includes filing a complaint with HR, reporting conduct to a supervisor, or filing a charge with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
2. Opposing Discrimination or Harassment
You do not need to be the direct victim to be protected. If you oppose discrimination against a coworker or support them in filing a complaint, that is also protected activity.
3. Requesting Disability or Religious Accommodation
California law requires employers to provide reasonable accommodations for employees with disabilities or religious needs. Asking for these accommodations is a protected activity.
Examples:
- Requesting a modified work schedule for medical treatment
- Asking for time off to observe a religious holiday
- Requesting ergonomic equipment due to a medical condition
4. Reporting Wage and Hour Violations
Employees are protected when they complain about wage theft or violations of labor law. This includes:
- Reporting unpaid wages or overtime
- Complaining about denied meal or rest breaks
- Challenging misclassification as an independent contractor
5. Taking Protected Leave
California law protects employees who take lawful leaves of absence, including:
- Family and Medical Leave (under CFRA or FMLA)
- Pregnancy Disability Leave
- Sick leave under California law or local ordinances
- Leave for jury duty, military service, or voting
Requesting or taking this leave is protected. Employers cannot punish you for using it.
6. Whistleblowing
Employees are protected when they report illegal activity, either internally or to a government agency. This is called whistleblowing.
Examples include reporting:
- Fraud against customers or the government
- Safety violations under Cal/OSHA
- Environmental law violations
- Workplace practices that violate state or federal law
7. Participating in Workplace Investigations
If your employer or a government agency investigates workplace issues, participating in that investigation is protected. That means you cannot be punished for:
- Answering investigator questions
- Providing evidence
- Supporting a coworker’s complaint
8. Exercising Union or Collective Rights
Employees have the right to organize, join a union, or engage in collective bargaining. Protected activity includes:
- Discussing wages or working conditions with coworkers
- Joining a union
- Supporting coworkers in union activities
What Is Not Protected Activity?
Not every complaint is legally protected. For example, the refusal to follow a workplace rule is not a protected activity if that rule (and the way the rule is applied) does not break the law. These rules can include limitations on cell phone usage, as well as rules surrounding punctuality, attendance policies, and data confidentiality.
Also, refusing to follow workplace safety rules is not a protected activity. For example, a company can require the use of protective gear at a construction site, and refusing to use it is not a protected activity.
What Is Retaliation?
Retaliation happens when an employer takes negative action against an employee because the employee engaged in a lawful, protected activity.
Negative actions can include:
- Firing or demoting an employee
- Cutting hours or pay
- Denying promotions or raises
- Reassigning to less desirable shifts or locations
- Creating a hostile work environment
The important point is that the action is motivated by the employee’s exercise of a legal right, or protected activity.
How Do You Prove Retaliation?
To show retaliation under California law, employees must prove three things:
- Protected Activity: You engaged in a legally protected activity.
- Adverse Action: Your employer took negative action against you.
- Connection: There is a link between your protected activity and the employer’s action.
The connection can often be shown through timing (the retaliation happened soon after you engaged in the protected activity), comments from supervisors, or differences in treatment compared to other employees.
Examples of Protected Activities and Retaliation
In a recent case, the California Labor Commissioner’s Office recovered more than $40,000 for an employee who had been terminated after saying she would report unsafe conditions at a medical facility to the authorities. The worker had noticed declining cleanliness and safety conditions at the facility, and her employer disregarded multiple reports from her. She then informed her employer that she would be reporting the unsanitary conditions to the Labor Commissioner’s Office. She was suspended and then terminated for allegedly making threats against the company. Ultimately, her employer was penalized and paid more than $40,000, as the worker’s actions were deemed to be protected activities.
In another case, a senior assistant district attorney in Orange County was awarded more than $3 million after she was forced out of her job after defending other employees who had been sexually harassed. Specifically, she reported misconduct against others that she felt was being ignored, and then found her responsibilities diminished. She was also excluded from decisions and from receiving important information related to her job. The jury found this to be retaliation for her legally protected activity of reporting the sexual harassment of her colleagues.
Each of these examples shows a connection between the protected activity and the negative action taken against the employee.
Why Legal Support Matters
Retaliation cases are often hard to prove. Employers rarely admit they acted in retaliation. Instead, they may claim poor performance or “business needs” as the reason for discipline or termination.
A California retaliation lawyer can:
- Identify the link between your protected activity and your employer’s action
- Collect evidence and witness testimony
- File claims with the correct agency
- Represent you in negotiations or court
- Help determine the value of full compensation for your losses
At Yoosefian Law Firm, we have won cases in almost every county in California. We can help you fight back against retaliation. We know the tactics employers use, and we know how to hold them accountable.
Contact us today for a free consultation. Call 818.275.1529 or contact us here.