Workplaces across this country have to ensure that they comply with specific regulations, including those set by the federal government. Companies also have to comply with state laws. For workers in California, this includes employees being protected against retaliation.
Retaliation occurs when an employer takes a negative employment action against an employee because of their participation in a protected activity. Understanding what’s considered a protected activity and what’s considered retaliation can help employees to ensure their rights are being respected.
What’s considered a protected activity?
Protected activities are things that the employee is legally allowed to do. This can include taking legally allowed leave, such as a leave under the Family and Medical Leave Act, or seeking workers’ compensation.
Some examples of other protected activities include filing complaints or participating with investigations into:
- Harassment or discrimination
- Workplace safety violations
- Whistleblowing cases
All participation in those protected activities must be truthful, so employees must ensure they only make statements that are completely true.
What’s considered retaliation?
Retaliation is any negative employment action, regardless of how covert or obvious, that’s in response to the protected activity. Some examples of retaliation include:
- Termination
- Pay cut
- Reduction in hours
- Less desirable shift
- Change in work location
- Denial of benefits they’re due to receive
- Unfavorable reviews that are unwarranted
- Isolation
- Creation of a hostile work environment
It’s critical to remember that retaliation only applies if the negative employment action is related to the protected activity.
Employees who have been the target of retaliation should ensure they’re protecting their interests. This may include taking legal action against their employer, but this may require the assistance of someone who’s familiar with these matters.
