California is known for its progressive employment laws. These protect both workers and businesses. If an employee feels like their legal rights are not being honored, then they are entitled to report this without facing negative repercussions.
Facing unfair treatment due to trying to assert legal rights is called workplace retaliation. Here are some of the more common examples.
Retaliation when reporting discrimination
Workers are not supposed to face unfair treatment based on protected characteristics like race, religion, gender and disability. Should an employee face discrimination, they are entitled to report this either internally to HR or externally to the relevant authorities. Should an employee be treated adversely due to reporting discrimination, this is retaliation and it is unlawful. Importantly, the right to freely report discrimination extends to reporting it when witnessing it done to colleagues.
Asserting other legal rights
Employees in California also have other legal protections. For example, workers are entitled to be paid the state minimum wage. They are also entitled to statutory leave, overtime pay and a workplace free from dangerous hazards. Should an employee raise a legitimate grievance about any of these issues, and be disciplined as a result, this is unlawful retaliation.
Workplace retaliation is any form of adverse behavior a worker faces for asserting their rights. It may include:
- Being demoted
- Having pay cut
- Facing abuse
- Being reassigned
- Being excluded from work-related meetings
Facing retaliation can be extremely stressful for employees. If any of this sounds familiar to you, it may be time to look into your legal rights.