Employment retaliation can be a major issue. Workers facing unfair conduct from their employers can lose their jobs and face other complications because of how their employers behave. There are federal laws that establish basic retaliation protections for workers, and California state statutes expand on those protections.
Nationwide, workers have protection from retaliation when they engage in basic protected activities, like reporting an injury, speaking up about safety concerns or requesting medical accommodations. Employees across California have protection from retaliation, including demotions and termination, in a number of different circumstances.
When does state law make retaliating against a worker illegal?
1. When they experience domestic violence
State law specifically protects individuals who require leave due to domestic violence, stalking or sexual assault. Both actual victims of such crimes and their immediate family members have the right to take leave to seek care, including psychological counseling. They can also take leave to plan to leave a dangerous situation.
2. When a worker is a crime victim
Those who are victims of crimes such as robberies or assaults in public have the right to take time off of work to attend judicial proceedings. The law also protects those who must act as witnesses during criminal trials and other court matters.
3. When a worker has jury duty
The courts are sometimes more lenient toward those who have jobs. Other times, professionals may have to serve on juries for days or multiple weeks. California state law prohibits employers from retaliating against those with jury duty as long as they provide reasonable notice.
4. When participating in children’s school activities
Provided that the company has at least 25 employees, a worker can take up to 40 hours of leave per year to attend school activities, enroll the child in school or handle school emergencies. Generally, the law limits professionals to eight hours of such leave per month.
5. When discussing wages or working conditions
Employees have the right to talk with one another and other people about the circumstances of their employment. They should not face punishment for disclosing their pay or other details of their employment arrangements.
Workers who know and use their rights do sometimes still face retaliation. Understanding the unique scenarios in which employer retaliation is actionable can help workers stand up for themselves. Companies should not punish workers for requesting leave or communicating with others about their employment. Workers who have experienced retaliation may have reason to take legal action in response.