Retaliation is the most commonly alleged form of employment discrimination, yet many Los Angeles workers don’t recognize retaliatory conduct or understand their powerful legal protections against employer reprisal.

Understanding Workplace Retaliation
Protected Activities That Trigger Retaliation Protections
Common Forms of Workplace Retaliation
How to Prove a Retaliation Claim
Federal vs. California Retaliation Protections
Documenting Retaliation: Building Your Case
Damages and Remedies for Retaliation
How Law Offices of Todd M. Friedman, P.C. Can Help

Understanding Workplace Retaliation

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activity. California and federal law strongly prohibit retaliation, recognizing that employees must be free to assert their rights without fear of employer reprisal.

Retaliation claims are unique because they focus not on the underlying discrimination or violation, but on the employer’s response to the employee’s protected activity. This means even if an underlying discrimination claim fails, a retaliation claim can still succeed if the employer took adverse action in response to the employee’s complaint.

Why Retaliation is So Common:

Power Dynamics: Employers often feel threatened when employees assert their rights and may respond punitively.

Emotional Responses: Supervisors may take complaints personally and act inappropriately.

Deterrent Effect: Some employers retaliate to discourage other employees from making complaints.

Lack of Training: Many managers don’t understand retaliation laws and make costly mistakes.

The good news is that retaliation claims often have stronger evidence than underlying discrimination claims, making them powerful tools for protecting employee rights.

Protected Activities That Trigger Retaliation Protections

California and federal law protect employees who engage in various activities. Understanding what constitutes protected activity is crucial because retaliation protections only apply when you’ve engaged in legally protected conduct.

Filing Complaints:

Internal complaints to HR or management about discrimination, harassment, or wage violations
Complaints to government agencies (EEOC, Labor Commissioner, OSHA, etc.)
Filing lawsuits alleging workplace violations
Participating in union organizing activities

Participating in Investigations:

Providing testimony in discrimination investigations
Cooperating with government agency investigations
Serving as a witness in employment-related legal proceedings
Participating in internal company investigations

Requesting Accommodations:

Requesting reasonable accommodations for disabilities
Seeking religious accommodations
Requesting pregnancy-related accommodations
Asking for family/medical leave

Asserting Wage Rights:

Complaining about unpaid wages or overtime
Requesting proper meal and rest breaks
Questioning payroll deductions or classifications
Filing wage claims with the Labor Commissioner

Safety and Whistleblowing:

Reporting workplace safety violations
Refusing to perform illegal or unsafe work
Reporting violations of law to government agencies
Disclosing illegal activities (whistleblowing)

Important Note on Good Faith:

You’re protected even if your complaint ultimately proves to be unfounded, as long as you had a good faith belief that a violation occurred. The law recognizes that employees shouldn’t have to be correct about legal violations to be protected from retaliation.

Common Forms of Workplace Retaliation

Retaliation can take many forms, from obvious actions like termination to subtle changes in working conditions. Los Angeles employers commonly engage in these retaliatory practices:

Direct Adverse Actions:

Termination or forced resignation
Demotion or reduction in responsibilities
Pay cuts or loss of benefits
Suspension or disciplinary action
Denial of promotions or opportunities

Changes in Working Conditions:

Undesirable schedule changes or shift assignments
Increased workload or impossible deadlines
Assignment to undesirable locations or duties
Removal from preferred projects or accounts
Exclusion from meetings, training, or social events

Harassment and Hostility:

Verbal harassment or intimidation
Social isolation or shunning by coworkers
Spreading rumors or negative information
Excessive monitoring or scrutiny
Creation of a hostile work environment

Subtle Forms of Retaliation:

Negative performance evaluations without basis
Withholding information needed to perform job
Removing administrative support or resources
Changing reporting relationships to problematic supervisors
Implementing new policies that primarily affect the complainant

Retaliation Against Others:

Employers sometimes retaliate against:

Family members who also work for the company
Coworkers who supported your complaint
Witnesses who provided testimony
Anyone associated with your protected activity

How to Prove a Retaliation Claim

To succeed on a retaliation claim in California, you must typically prove three elements:

1. Protected Activity:

You engaged in activity protected by law, such as:

Making a complaint about discrimination, harassment, or other violations
Participating in an investigation or legal proceeding
Requesting accommodations or asserting legal rights
Engaging in union organizing or other protected concerted activity

2. Adverse Employment Action:

Your employer took action that materially affected your employment, including:

Termination, demotion, or suspension
Reduction in pay, hours, or benefits
Significant changes in working conditions
Actions that would deter a reasonable employee from engaging in protected activity

3. Causal Connection:

There was a connection between your protected activity and the adverse action. Evidence of causation includes:

Timing: Adverse action shortly after protected activity
Employer statements expressing animus about your complaint
Differential treatment compared to similarly situated employees
Departure from established policies or procedures
Inconsistent or shifting explanations for the adverse action

Burden of Proof Framework:

Your Initial Burden: Establish the three elements above through a preponderance of evidence.

Employer’s Response: Employer must provide legitimate, non-retaliatory reasons for the adverse action.

Your Rebuttal: Show that the employer’s stated reasons are pretextual (false) and that retaliation was the real motive.

Federal vs. California Retaliation Protections

Both federal and California law prohibit retaliation, but California often provides broader protections:

Federal Protections:

Title VII: Prohibits retaliation for opposing discrimination based on race, color, religion, sex, or national origin.

ADA: Protects against retaliation for disability-related complaints or accommodation requests.

ADEA: Prohibits age discrimination retaliation.

FLSA: Protects employees who complain about wage and hour violations.

NLRA: Protects workers engaged in union organizing or other protected concerted activity.

California Protections (Often Broader):

FEHA: Broader anti-retaliation protections covering more characteristics and smaller employers.

Labor Code: Extensive wage and hour retaliation protections.

Whistleblower Laws: Broad protections for reporting illegal activity.

Safety Laws: Strong protections for workplace safety complaints.

Key California Advantages:

Covers employers with 5 or more employees (vs. 15+ for federal)
Broader protected characteristics
More generous damages and remedies
Longer statutes of limitations
Right to jury trial in more circumstances

Documenting Retaliation: Building Your Case

Strong documentation is crucial for retaliation claims. Here’s how to build a compelling case:

Document Your Protected Activity:

Keep copies of all complaints, whether written or email
If complaints were verbal, follow up with written summaries
Save documentation of participation in investigations
Preserve evidence of accommodation requests
Keep records of any government agency filings

Record the Adverse Actions:

Document termination, demotion, or discipline notices
Keep performance evaluations, especially any negative ones post-complaint
Note changes in working conditions, schedules, or assignments
Record instances of harassment or hostility
Save any written warnings or corrective actions

Establish Timeline and Causation:

Create a chronological timeline of events
Note the proximity between protected activity and adverse actions
Document any retaliatory statements by supervisors
Compare your treatment to other employees
Record departures from normal company procedures

Preserve Communications:

Save all emails, texts, and written communications
Document verbal conversations with dates, times, and witnesses
Keep voicemails or recordings (where legally permissible)
Preserve social media posts or communications

Gather Witness Information:

Identify coworkers who witnessed the protected activity or retaliation
Get contact information before leaving employment
Document what each witness observed
Note any witnesses who also faced retaliation

Medical and Emotional Impact:

Seek medical attention for stress-related symptoms
Keep records of counseling or therapy
Document the impact on your mental health
Preserve evidence of prescription medications

Damages and Remedies for Retaliation

California provides comprehensive remedies for retaliation victims:

Economic Damages:

Back pay: Wages lost from termination or demotion
Front pay: Future lost earnings if reinstatement isn’t feasible
Lost benefits: Health insurance, retirement contributions, etc.
Lost opportunities: Promotions, bonuses, or career advancement
Job search expenses: Costs incurred finding new employment

Non-Economic Damages:

Emotional distress: Compensation for mental anguish and suffering
Damage to reputation: Harm to professional standing
Loss of enjoyment of life: Impact on personal activities and relationships
Mental health treatment: Counseling and therapy costs

Punitive Damages:

Available when employer’s conduct was malicious, oppressive, or fraudulent:

Designed to punish the employer and deter future retaliation
Can be substantial in cases of egregious conduct
Subject to constitutional limitations based on reprehensibility

Equitable Relief:

Reinstatement to your position
Promotion if you were denied advancement
Removal of negative performance reviews or disciplinary actions
Policy changes to prevent future retaliation
Training for supervisors and management

Attorney Fees and Costs:

Prevailing plaintiffs can recover reasonable attorney fees
Court costs and litigation expenses
Expert witness fees
Deposition and discovery costs

Statutory Penalties:

Some California laws provide specific penalties:

Labor Code violations: Waiting time penalties, pay stub violations
Whistleblower protections: Civil penalties
Safety violations: OSHA penalties

How Law Offices of Todd M. Friedman, P.C. Can Help

At Law Offices of Todd M. Friedman, P.C., we understand that retaliation cases require immediate attention and aggressive advocacy. Employers who retaliate send a clear message that they believe they can punish employees for asserting their rights—and we’re here to prove them wrong.

Our Retaliation Practice Includes:

Immediate Case Assessment: We quickly evaluate your situation to determine if you have a viable retaliation claim and what evidence needs to be preserved.

Evidence Preservation: We help secure crucial evidence before it’s lost or destroyed, including communications, personnel files, and witness statements.

Strategic Case Development: We build comprehensive retaliation cases that account for both the underlying protected activity and the employer’s retaliatory response.

Multi-Jurisdictional Approach: We pursue retaliation claims under both federal and California law to maximize your protections and potential recovery.

Comprehensive Damages: We calculate all forms of damages you’ve suffered, including lost wages, emotional distress, and punitive damages where appropriate.

Aggressive Advocacy: We take a strong stance against retaliation, understanding that these cases often involve employer conduct that goes to the heart of workplace fairness.

Quick Action: Retaliation cases often require immediate intervention to prevent further harm and preserve evidence.

No Recovery, No Fee: We handle retaliation cases on a contingency basis—you pay no attorney fees unless we recover compensation for you.

Retaliation undermines the entire framework of employment law protections. If employees can be punished for asserting their rights, then those rights become meaningless. We understand that retaliation cases are about more than just your individual situation—they’re about maintaining a workplace where all employees can assert their rights without fear.

Common scenarios we handle include:

Termination following discrimination or harassment complaints
Retaliation for requesting reasonable accommodations
Punishment for asserting wage and hour rights
Adverse actions following union organizing activity
Retaliation for whistleblowing or reporting illegal activity
Punishment for participating in investigations or legal proceedings

If you’ve been retaliated against for asserting your workplace rights in Los Angeles or Southern California, don’t wait to take action. Contact Law Offices of Todd M. Friedman, P.C. for a free consultation. We’ll review your situation, explain your rights, and help you fight back against employer retaliation.

Your courage in asserting your rights deserves protection, not punishment. Contact us today to hold your employer accountable for illegal retaliation.