Retaliation in the WorkplaceOrange County Employment Attorneys
It is a violation of California law for an employer to subject an employee to an adverse employment action due to an employee’s engagement in a protected activity as defined under the Fair Employment and Housing Act (FEHA.)
The types of activities afforded protection under FEHA include:
- An employee’s refusal to violate any law
- An employee’s complaint about the employer’s violation of any law
- An employee’s complaining, protesting or otherwise opposing the employer’s harassment or discrimination on the basis of race, religion, national origin, sex sexual orientation, disability or age. Your employment lawyer in Irvine can explain that retaliation by the employer is prohibited if the employee is opposing harassment or discrimination directed against them or directed at another employee. An employee’s opposition to harassment or discrimination need not be in any specific form, but must be sufficient to make the employer aware of the conduct that is in question.
Adverse Employment Actions
Retaliation by employers often comes in the form of demotions, suspensions, terminations or ongoing harassment of those employees who engage in protected activities. Additionally, poor performance reviews, being overlooked for promotions and unfavorable work assignments may also be retaliatory in nature.
The Cause of Action
An employment lawyer in Irvine will need to prove:
- The employee was engaged in a protected activity
- The employer subjected that employee to some adverse employment action
- A causal connection between the engagement in the protected activity and the adverse action
Protected activity may also include an employee’s opposition to an employer’s conduct that ultimately is found not to be improper or unlawful. If the employee is found to have had a reasonable belief that the employer was engaging in illegal conduct, the protections under FEHA apply.
Contact an Employment Attorney in Irvine for Legal Counsel
Employers that violate laws will often go to great lengths to protect their interests. If you feel you are the victim of retaliation, you need an experienced and aggressive legal team on your side. Stand up for your rights. Call Altus Law Firm at 949-346-3391 today.