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Smith Law

Retaliation

Employees should be able to speak up about unlawful workplace conduct without being punished. Retaliation may occur when an employer takes negative action against someone because that person reported misconduct, requested a protected accommodation or leave, participated in an investigation, or exercised another legally protected workplace right.

Retaliation can include termination, demotion, reduced hours, undesirable assignments, exclusion from meetings, sudden discipline, negative performance reviews, threats, increased scrutiny, or other actions that discourage an employee from exercising protected rights.

California law generally protects workers who report discrimination or harassment, participate in workplace investigations, request reasonable accommodations or protected leave, raise wage concerns, or complain about other suspected legal violations.

The timing between the protected activity and the employer’s response can be important, but every situation is different. Smith Law can review the sequence of events, the employer’s stated reasons, and the available evidence.

Speaking up should not cost you your career. Contact Smith Law if you believe your employer retaliated against you.

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Frequently Asked Questions

Retaliation happens when your employer punishes you, through termination, demotion, a schedule change,
exclusion, or other adverse action, for engaging in a legally protected activity such as reporting discrimination or
harassment, filing a workers' comp claim, or taking protected leave.

Reporting harassment or discrimination (internally or to a government agency), participating in an investigation,
requesting a disability accommodation, taking protected leave, or opposing an unlawful practice are all protected
activities under California law.

No. It is illegal for an employer to fire you or take other adverse action against you for reporting harassment,
discrimination, or other workplace misconduct. If this happens, it may be grounds for a separate retaliation claim,
on top of the underlying harassment or discrimination claim.

Retaliation doesn't have to mean termination. Cutting your hours, reassigning you to undesirable tasks, excluding
you from meetings, or a sudden negative performance review shortly after you report an issue can all support a
retaliation claim.

You generally have three years from the retaliatory act to file with the California Civil Rights Department (CRD).
Once a right-to-sue notice is issued, you have one year to file a lawsuit.