Workplace Retaliation

CALIFORNIA WORKPLACE RETALIATION ATTORNEYS

Every worker in California is protected from retaliatory consequences from his or her employer. Under the Fair Employment and Housing Act (FEHA), it is unlawful for any employer to dismiss, demote or discriminate against any employee who does any of the following:

  • Objects to or resists discrimination or harassment

  • Or who engages in any protected activity

If you feel you have been subjected to retaliation by your employer for having refused to comply with an order or workplace practice you believe is discriminatory, contact Tovarian Law.

WHAT IS A PROTECTED ACTIVITY?

A “protected activity” under the FEHA refers to a complaint brought by an employee who opposes or objects to an employment action, order or practice that is discriminatory. Discriminatory acts include age, sex, race, national origin, disability, religion, marital status, medical condition and sexual orientation.

The act need not be found to be discriminatory under the FEHA so long as the employee had a good faith belief that it was discrimination. The facts surrounding the discriminatory allegation must establish that the employer had knowledge that the employee’s refusal to obey an order or to follow through with an order or practice was based on that employee’s reasonable belief that it was discriminatory in nature.

Also, there is no requirement that the employee have informed a superior or government agency regarding the discriminatory conduct but he or she must have somehow communicated that belief. Communicating that belief could be the employee’s stated refusal to carry out the order, to question it, or to simply not carry it out to his or detriment. Further, the employee’s complaint must be relatively specific regarding the alleged discriminatory conduct.

ADVERSE EMPLOYMENT ACTION

  • Dismissal

  • Demotion

  • Loss of benefits

  • Any act that materially affects the employee’s performance

  • Any other action or actions that materially affect the terms and conditions of the employee’s employment such as chances for advancement

This could include subjecting the employee to harassment, criticism, rumors and unsupported negative performance reviews leading to demotion, loss of pay, benefits or dismissal.

CONTACT TOVARIAN LAW

Workplace retaliation is a complex issue that should be handled by an attorney with the knowledge and experience in these matters. At Tovarian Law, we are sensitive to the plight of employees who are subjected to unlawful acts by their employers. Contact our office today for a free, confidential initial consultation. We have the resources and experience to handle workplace retaliation cases.