Employees should never have to fear losing their jobs or facing demotion for standing up against workplace misconduct or reporting illegal activities. Unfortunately, retaliation remains a significant issue in Long Beach and throughout California. Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting discrimination, sexual harassment, safety violations, or illegal conduct.
Workplace retaliation in Long Beach or Los Angeles can take many forms, including:
- Wrongful Termination – Being fired after filing a complaint or refusing to participate in unlawful activities.
- Demotions or Pay Cuts – Being reassigned to a lower-paying position or denied a deserved raise due to speaking up.
- Hostile Work Environment – Facing unwarranted scrutiny, exclusion, or increased workload as a form of punishment.
- Negative Performance Reviews – Receiving poor evaluations that are unjustified or in direct response to a complaint.
- Reassignment to Less Desirable Duties – Being moved to an unfavorable position or shift as a means of retaliation.
👉Also Read: Hostile Work Environments: The Link Between Bullying, Retaliation, and Legal Claims
Legal Protections Against Retaliation in California
California has some of the most robust workplace protections in the country, ensuring employees can report misconduct, workplace safety violations, discrimination, or wage theft without fear of retaliation. State laws prohibit employers from punishing workers who exercise their rights, and employees who face retaliation may be entitled to legal remedies, including reinstatement, back pay, and damages for emotional distress.
Here are key legal protections available to employees in California who experience workplace retaliation:
The Fair Employment and Housing Act (FEHA)
The Fair Employment and Housing Act (FEHA) is one of California’s strongest anti-discrimination laws, prohibiting retaliation against employees who report, oppose, or participate in investigations regarding workplace discrimination or harassment.
- Protected Activities: Employees are shielded from retaliation if they file complaints about discrimination based on race, gender, age, disability, religion, sexual orientation, pregnancy, or any other protected characteristic.
- Forms of Retaliation: Employers may retaliate by demoting, terminating, harassing, reducing pay, cutting hours, or creating a hostile work environment.
- Filing a Complaint: Workers who experience retaliation under FEHA can file a complaint with the California Civil Rights Department (CRD) or pursue a lawsuit in civil court.
California Whistleblower Protection Laws
Employees who report illegal activities, such as fraud, labor violations, public health risks, or violations of state and federal laws, are protected under California Labor Code Section 1102.5.
- Who is Protected? Any employee who discloses suspected violations to a supervisor, law enforcement, a regulatory agency, or another authority.
- Employer Prohibitions: Employers cannot fire, demote, discipline, or otherwise retaliate against whistleblowers.
- Penalties for Violators: Employers who retaliate against whistleblowers may face lawsuits, administrative penalties, and even criminal charges in severe cases.
Example: If an employee reports a company’s fraudulent billing practices to state regulators and is later fired or demoted, they may have a valid whistleblower retaliation claim.
The California Occupational Safety and Health Act (Cal/OSHA)
Workplace safety concerns are a significant issue, and California law ensures that employees who report hazardous conditions are protected. Under Cal/OSHA regulations, workers have the right to report safety violations without fear of punishment.
- Common Safety Complaints: Exposure to toxic chemicals, lack of protective gear, dangerous machinery, workplace violence risks, and failure to comply with COVID-19 safety protocols.
- How Employers Retaliate: Employers may retaliate by reassigning job duties, reducing pay, cutting hours, issuing false negative performance reviews, or terminating the employee.
- How to Take Action: Employees can file complaints with Cal/OSHA or pursue legal action for damages, including lost wages and reinstatement.
Retaliation for Wage and Hour Complaints
California labor laws provide protections for workers who report unpaid wages, denied overtime, meal and rest break violations, or other wage theft issues.
- Protections Under the Labor Code: Employees are safeguarded under Labor Code Section 98.6, which prohibits employers from firing or taking adverse action against workers who file wage claims or complaints with the California Labor Commissioner.
- Types of Wage Retaliation:
- Termination after reporting unpaid overtime
- Reduction in work hours after requesting legally required meal breaks
- Negative job performance evaluations after questioning wage deductions
- Legal Remedies: Workers who suffer retaliation for wage-related complaints can seek reinstatement, back pay, penalties, and attorney’s fees.
Example: If an employee reports that they have been misclassified as an independent contractor to avoid overtime pay and is fired the next day, that worker may have a retaliation case.
Steps to Take If You Experience Retaliation
If you suspect that you are being retaliated against, taking the right steps can strengthen your claim and help protect your career and financial stability.
Document Everything
Keep detailed records of any retaliatory actions, including emails, text messages, performance reviews, and witness statements. Having a timeline of events would help support your claim.
File a Complaint with HR
If you believe you are being retaliated against, report it to your employer’s Human Resources department. Many companies have internal policies for handling complaints, and taking this step can provide additional documentation for your case.
File a Retaliation Claim
If your employer does not resolve the situation, you may need to file a retaliation complaint with the California Department of Fair Employment and Housing (DFEH) or the US Equal Employment Opportunity Commission (EEOC). These agencies investigate employer violations and may take enforcement action.
Seek Legal Representation
Retaliation cases can be complex, and having a Long Beach retaliation attorney on your side can make all the difference. A profound and reliable employment law attorney can help you navigate legal procedures, negotiate settlements, and take legal action if necessary.
Compensation Available in Retaliation Cases
Employees who successfully prove retaliation may be entitled to various forms of compensation, including:
- Back Pay – Wages lost due to wrongful termination or demotion.
- Front Pay – Compensation for future lost earnings if reinstatement is not possible.
- Emotional Distress Damages – Compensation for mental anguish caused by retaliation.
- Punitive Damages – Additional damages to punish employers for egregious misconduct.
- Legal Fees and Costs – Coverage of legal expenses associated with the claim.
How Our Long Beach Retaliation Lawyer at Hershey Law Can Help
Workplace retaliation can have devastating effects on an employee’s career, financial stability, and mental well-being. If you have been demoted, fired, harassed, or otherwise mistreated after reporting discrimination, workplace safety violations, wage theft, or other unlawful conduct, you need legal representation to fight back.
At Hershey Law, our experienced Long Beach retaliation lawyers are dedicated to protecting employees from unlawful workplace retaliation. We understand that taking a stand against an employer can be daunting, but you don’t have to do it alone. Our team of employment law professionals can guide you through every step of the legal process, ensuring that your rights are protected and that you receive the justice and compensation you deserve. Here’s how we can help:
Conduct a Thorough Case Review
The first step in any workplace retaliation case is determining whether you have a valid legal claim under California labor laws and federal employment protections. At Hershey Law, we conduct a comprehensive case evaluation, which includes:
- Reviewing your employment history, disciplinary records, and recent job performance evaluations.
- Analyzing the sequence of events leading up to the retaliatory action.
- Identifying whether you engaged in a protected activity, such as reporting harassment, unsafe working conditions, or wage violations, and whether the employer’s adverse action was linked to that activity.
- Examine whether your employer followed proper legal procedures before taking action against you.
Many employees may not even realize that they are legally protected from retaliation. Our attorneys can provide clear, honest advice about your rights and the legal remedies available to you.
Gather Evidence to Strengthen Your Case
Winning a retaliation claim hinges on evidence that proves your employer’s actions were retaliatory and not justified by legitimate business reasons. Our workplace retaliation attorneys in Long Beach work diligently to collect and organize the following key forms of evidence to prove adverse employment action:
- Emails, text messages, or memos that suggest retaliatory intent.
- Witness statements from co-workers or supervisors who can confirm retaliation occurred.
- Performance reviews and job records to prove that your work history was positive before retaliation took place.
- HR complaints or internal reports showing that you engaged in protected activity.
- Company policies and employee handbooks can help determine if your employer violated their own rules or California employment laws.
Employers may try to cover up retaliation by fabricating performance issues or making vague claims about “company restructuring.” By carefully analyzing timing, patterns, and communication records, our Los Angeles retaliation attorney can build a compelling case that exposes unlawful retaliation.
File Claims with the Appropriate Agencies
Depending on the nature of your valid retaliation claim, legal action may involve filing complaints with state or federal agencies before taking your case to court. Our Los Angeles employment lawyers handle all the legal paperwork and ensure that complaints are filed properly and on time.
California Civil Rights Department (CRD)
If your case involves retaliation related to discrimination, harassment, or wrongful termination, we can file a claim with the California Civil Rights Department (formerly DFEH) under the Fair Employment and Housing Act (FEHA). This is a necessary step before filing a lawsuit in state court.
Equal Employment Opportunity Commission (EEOC)
For retaliation cases that fall under federal employment laws, such as retaliation under Title VII of the Civil Rights Act, we may also file a complaint with the EEOC.
California Labor Commissioner’s Office
If your employer retaliated against you for reporting wage theft, unpaid overtime, or other labor law violations, we can file a claim with the California Labor Commissioner’s Retaliation Complaint Unit to seek financial restitution and job reinstatement.
Many employees are unaware of the strict deadlines for filing retaliation complaints. In some cases, you may have as little as six months to three years, depending on the specific law being violated. Our attorneys ensure that your case is filed on time and handled correctly.
Negotiate Settlements with Employers
Many workplace retaliation claims are resolved without going to trial. Employers often prefer to settle cases rather than risk costly litigation and reputational damage. Our Los Angeles employment lawyers at Hershey Law are skilled negotiators who can fight for a fair settlement that fully compensates you for the harm caused.
A settlement may include compensation for:
- Lost wages (including back pay and future earnings if you were fired or demoted).
- Emotional distress and psychological harm caused by workplace retaliation.
- Punitive damages (in cases of particularly egregious employer misconduct).
- Attorney’s fees and legal costs incurred in pursuing your claim.
We can negotiate with your employer’s legal team to ensure you receive the maximum possible compensation under federal, state, and Long Beach employment law. If a fair settlement cannot be reached, we would not hesitate to take your case to trial.
Take Legal Action in Court if Necessary
While some cases settle quickly, others require taking an employer to court to achieve justice. At Hershey Law, our trial-ready employment attorneys are prepared to file a lawsuit and represent you in front of a judge and jury.
If your case goes to trial, we can:
- File a formal lawsuit against your employer for retaliation.
- Present compelling evidence that proves retaliation occurred.
- Depose key witnesses (including HR representatives, supervisors, and co-workers) to strengthen your case.
- Seek full compensation for financial losses, emotional suffering, and punitive damages.
- Ensure your employer is held accountable and that similar workplace misconduct does not happen to others.
Many employees worry that taking legal action against their employer may be too stressful or costly. In effect, at Hershey Law, we handle retaliation cases on a contingency fee basis, which means you pay nothing unless we win compensation for you.
👉Also Read: 5 Key Indicators that Your Retaliation Case is Strong and How Hershey Law Can Help
Why Choose Hershey Law for Your Retaliation Case?
At Hershey Law, we are passionate about protecting employees’ rights and fighting back against employer misconduct. Our Long Beach retaliation lawyers have successfully handled numerous cases, helping clients obtain financial recovery and professional vindication.
What Sets Us Apart?
- Vast Experience: Years of success in handling retaliation, discrimination, and wrongful termination cases.
- Aggressive Representation: We are not afraid to take on corporations and employers.
- Personalized Attention: Every case receives dedicated, one-on-one legal support.
- Results-Driven Approach: We fight tirelessly to achieve the possible outcome for our clients.
- No Upfront Fees: You only pay if we win your case.
If you have been punished for standing up for your rights, do not wait to seek justice. Reach out to Hershey Law today and let us help you fight back against unlawful workplace retaliation. To schedule your free consultation, call us at 310-929-2190 or contact us online.
