Retaliation in the workplace occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. These activities include reporting discrimination or harassment, filing a wage claim, participating in a workplace investigation, or raising concerns about unsafe working conditions. While retaliation can take many forms—such as demotion, pay cuts, termination, or sudden changes in treatment—what ties these acts together is their connection to the employee’s lawful exercise of their rights.
Employees in San Diego are protected under federal and state laws. The Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA) offer protections at the federal level, while California’s robust anti-retaliation statutes, including those under the Fair Employment and Housing Act (FEHA) and the California Labor Code, further strengthen employee protections. These laws ensure that individuals can report violations or assert their rights without fear of punishment.
Understanding these protections is essential for San Diego workers. If you're facing retaliation, it's important to identify it early and take steps to protect yourself before the situation worsens. Recognizing what retaliation looks like allows you to preserve evidence, document incidents, and seek guidance on your legal options. You may be entitled to compensation, reinstatement, or other legal remedies.
At Law Office of Devon K. Roepcke, PC, we handle employment retaliation claims throughout San Diego. If you believe you've been retaliated against at work, call (619) 492-2444 or message us online to schedule a confidential consultation.
Recognizing Retaliation: How Adverse Workplace Actions Can Violate Employee Rights
In employment law, retaliation refers to any adverse action taken by an employer against an applicant or employee for exercising a legally protected right. These rights promote fairness, safety, and dignity in the workplace, and retaliation occurs when an employer seeks to punish an individual for asserting those rights.
While retaliation is often rooted in discrimination or an effort to silence complaints, it’s important to remember that the law protects employees who speak up—regardless of how their employer perceives it.
A clear link must exist between the protected activity and the adverse action taken in response for retaliation to be considered unlawful. Protected activity includes any effort by the employee to assert their workplace rights under federal or state law.
Some of the most common protected activities include:
- Reporting discrimination or harassment
- Filing a wage complaint
- Reporting unsafe working conditions
- Taking family or medical leave
- Resisting sexual advances
- Requesting reasonable accommodations for an injury, disability, or religious practice
- Taking time off for jury duty
Unfortunately, some employers respond to these actions defensively, treating them as challenges to authority or threats to the company’s image. As a result, they may retaliate against the employee—even though the employee is acting within their legal rights.
Retaliatory actions can take many forms. In some cases, the response is direct and obvious; in others, it may be more subtle but equally damaging.
Examples of retaliation in the workplace include:
- Demotion or pay cut
- Unwarranted discipline or negative performance reviews
- Harassment or isolation
- Termination
Understanding what retaliation looks like is the first step in protecting yourself. If you believe you’ve been subjected to adverse treatment after engaging in a protected activity, you may have grounds for a legal claim.
California’s Legal Safeguards Against Workplace Retaliation
California has comprehensive employment protections, offering meaningful safeguards to workers who assert their rights. Whether an employee reports unsafe working conditions, files a wage complaint, or speaks out against harassment, the law shields them from retaliation. These protections help create safer, fairer workplaces and provide clear avenues for employees to seek justice when those rights are violated.
Several state laws prohibit retaliation and empower employees to act without fear of punishment. The Fair Employment and Housing Act (FEHA) protects workers from retaliation when they oppose or report harassment or discrimination in the workplace. The law includes protection during the complaint process and applies regardless of whether the claim is upheld.
The California Labor Code outlines multiple sections that prohibit retaliatory conduct:
- Section 98.6 protects employees who file wage claims or participate in related proceedings.
- Section 1102.5 protects whistleblowers who report suspected violations of law to a government or law enforcement agency.
- Section 6310 protects workers who report health and safety violations to the California Division of Occupational Safety and Health (Cal/OSHA).
Importantly, these protections apply even if the initial complaint is not substantiated—so long as the employee made the report in good faith. This protection ensures that workers are not discouraged from speaking up due to fear of retaliation or the outcome of an investigation.
Steps to Take if You Suspect Workplace Retaliation
Recognizing the signs of workplace retaliation is only the first step. What comes next can impact your ability to protect your job and assert your rights. If you believe you are being targeted for engaging in a protected activity, acting thoughtfully and strategically is vital. California law protects employees from retaliation, but building a strong case depends on the details you can document and the actions you take early on.
To support a retaliation claim, you must show a connection between your protected activity—reporting harassment, unsafe conditions, or wage violations—and your employer’s adverse response. Timing can be a key factor. If you experienced a demotion, disciplinary action, or termination shortly after making a report or requesting accommodations, it could indicate retaliatory intent. Other red flags may include a sudden change in your workload, performance reviews that don’t align with your history, or exclusion from meetings or communications.
Maintaining detailed records is essential. Document dates, conversations, emails, or any changes in treatment that occurred after you engaged in a protected activity. If it feels safe, consider raising the issue internally—through human resources or a supervisor—to allow your employer to address the situation. However, if the internal process feels compromised or retaliation escalates, speaking with a San Diego employment attorney can help you determine whether your rights have been violated and what steps to take next.
You Don’t Have to Tolerate Retaliation—Know Your Rights and Take Action
California law offers meaningful protections for employees who speak up about unlawful practices in the workplace. Whether you’ve reported discrimination, flagged safety concerns, or exercised your right to medical leave, you are protected from retaliation for asserting those rights. You don't have to face the situation alone if you believe you’re being targeted for doing the right thing.
Understanding the legal protections available is the first step in safeguarding your livelihood. Speaking with a local employment attorney can help you make informed decisions, gather the needed evidence, and pursue a course of action to fit your goals. Every situation is unique, and an experienced legal advocate can help enforce your rights.
If you believe you’ve experienced retaliation at work, we invite you to contact Law Office of Devon K. Roepcke, PC. Call us at (619) 492-2444 or reach out online to schedule a confidential consultation.