How Do You Prove Retaliation in the Workplace in California?

There were nearly 40,000 retaliation claims reported in 2019 nationwide, according to the U.S. Equal Employment Opportunity Commissions (EEOC). Under California Law, workplace retaliation is unlawful if your employer punishes you for protected activities. Our Los Angeles retaliation attorneys explain what evidence you need to prove that you are experiencing retaliation in the workplace. If you believe that your employer has wronged you, our team at Hennig Kramer LLP is here to help you.

Contact our Los Angeles retaliation attorneys today at (213) 310-8301 to schedule a consultation!

What Is Retaliation in the Workplace?

California employers don’t have legal grounds to retaliate or punish employees after doing a protected activity. Retaliation occurs when your boss takes any adverse employment action against you because you threatened to report something, or you did report something. For example, an employer can’t punish you for any of the following reasons:

• Reporting illegal conduct
• Refusing to engage in illegal conduct
• Reporting fraud
• Filing a wage claim
• Filing a discrimination lawsuit
• Filing a complaint about workplace discrimination or harassment
• Assisting other employees in filing a lawsuit
• Filing a complaint about illegal activity in the workplace, such as fraud

How to Demonstrate You’re Experiencing Retaliation in the Workplace

To prove a retaliation claim in California, you need to demonstrate that you have engaged in any of the “protected activities” listed above. Federal and state laws prohibit employers from punishing employees for committing any of those protected activities. Second, you need to demonstrate that you have suffered an adverse employment action, such as a demotion or termination. Third, you will need an experienced attorney on your side to demonstrate that your employer’s behavior or decision was a direct result of your protected activity. Their cause for termination, demotion, etc. can’t be because of another personal reason.

In most cases, the employer will try to argue that they had other non-retaliatory reasons for acting against the employee. With the help of an experienced attorney, you will need to demonstrate that the “discriminatory action” was indeed caused because of a protected activity you participated in.

Common Types of Evidence Used for a Retaliation Claim

The first thing you will need to prove your case is the timing of your employer’s retaliation. If the demotion or termination took place shortly after you engaged in a protected activity, it will help prove your case. This is especially true if the worker had a good track record and only started to receive poor performance reviews or a demotion after they filed a complaint.

Another useful type of evidence in a retaliation claim is retaliatory statements. You can use an email or message sent by another employee or superior that demonstrates their anger or disapproval in your protected activity. Retaliatory statements can make a large difference in the outcome of your case.

In some cases, employees demonstrate that other employees are disciplined less harshly or not at all for similar violations or issues you were told you were terminated for. An experienced attorney can ensure that you gather the strong evidence needed to help you obtain your desired outcome.

Call Our Los Angeles Retaliation Attorneys Today!

If you think you’re experiencing retaliation in the workplace because of protected activity, you are entitled to file a claim against your employer to seek compensation. At Hennig Kramer LLP, we are an entire staff of highly qualified legal professionals who collaborate to review every case. We bring together decades of experience in employment law. Let our team fight for your employment rights and help you achieve your desired outcome.

Contact our Los Angeles retaliation lawyers today at (213) 310-8301 to schedule a consultation!