California Workplace Retaliation Law California
workplace retaliation occurs more often in today’s work environment
than one would expect. Employers often retaliate against those
employees who have opposed illegal conduct by subjecting the employee
to termination, demotion, suspension, or harassment. Luckily for
workers in California, they are protected by the California labor law
which forbids an employer from engaging in retaliation against an
employee who participates in a protected activity covered under the
Fair Employment and Housing Act (FEHA). These protected
activities include: protesting, complaining about, resisting or
otherwise "opposing" discrimination or harassment on the basis of race,
sex, disability, age, national origin, or religion. Furthermore,
under California labor law an employer is prohibited from
retaliation whether an employee is opposing harassment or
discrimination directed against themselves or against another employee.
This protection from retaliation applies whether or not the initial
discrimination or harassment complaint is ultimately held to be
legitimate. As long as the employee has a justifiable reason to believe
that unlawful discrimination or harassment is taking place, a
California employer is forbidden from taking any adverse employment
action against an employee who complains about or otherwise opposes
discrimination or harassment. About Filing a California Retaliation Compliant Any
employee in the State of California has the right to speak with
representatives of the office of the California Labor Commissioner or
any other government or law enforcement agency about any issues
affecting their working conditions. Additionally, an employee who has
reason to believe that they were terminated in violation of any law
under the jurisdiction of the California Labor Commissioner may file a
complaint with the Labor Commissioner or California Fair Housing and
Employment. An employer is prohibited from firing, demoting,
suspending, or disciplining any employee for answering any questions or
furnishing any information to a government agency. Generally,
a complaint alleging a retaliation which violates California labor laws
under the jurisdiction of the California Labor Commissioner is required
to be filed within six months after the alleged retaliatory activity
has occurred; however, the exceptions are: complaints filed under Labor
Code sections 230(c) (one year), 230.1 (one year), and 1197.5 (no later
than two years after the cause of action has occurred), as well as
Health and Safety Code section 1596.88 (no later than 90 days after the
cause of action about which the complaint is made has taken
place). These statutes may change over time, so as soon as you
know you may have a claim, talk to a California retaliation attorney at
once. Our California Retaliation Attorneys Offer Free Claim Evaluation If
you have reason to believe you have suffered employer retaliation in
the workplace, you may be entitled to an award of damages if your
employer has retaliated against you for participating in FEHA protected
activities. Our experienced California retaliation attorneys, fervent
defenders of California employee rights and experienced in assessing
potential California labor law cases, including employer retaliation
claims, are available to evaluate your potential case. Call our office
today to arrange a review of your possible employment or labor law
claim. NOTICE OF ADVERTISING, DISCLAIMER, TERM OF USE & PRIVACY
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