Employer retaliation is a commonly discussed concept in the workforce that is misunderstood in many ways. If you are unsure if your employer is engaging in this illegal behavior, you may benefit from speaking with a San Francisco retaliation attorney with The Armstrong Law Firm. Here are some ways to help you determine what to consider when identifying employer retaliation in your workplace.
What is Employer Retaliation in California?
Employer retaliation is when an employer takes an adverse employment action on an employee following the employee’s engagement in a legally protected activity. The California Department of Industrial Relations explains that these legally protected activities may include:
- Speaking out against sexual harassment
- Request a religious or disability accommodation
- Report suspected illegal activity
- Taking medical or other entitled leave
- Filing a workers’ compensation claim
- Question an employer’s policies
- Act as a witness in a case against your employer
An adverse action can include any number of things that negatively affect you professionally, financially, or emotionally. Some examples may be subtle and difficult to identify. Still, it is crucial to understand that retaliation can be more nuanced than just termination.
Demotion
If your employer has demoted you following your participation in legally allowed activities, this may be considered retaliation. Demotion may include a literal change in title to one of less status or reducing your salary or hours. This may also extend to ignoring or otherwise undermining perks to your position related to status or seniority, like opportunities to work from home.
Denied Opportunities
Retaliation may not take the form of direct negative behavior, but it can also be exclusion from trainings and social events or your employer denying opportunities for advancement. This may come in the form of denied raises or being passed up for a promotion you would otherwise qualify for. Your employer may pass off these occurrences as the result of budgetary or operational changes, but if you suspect retaliation, you can reach out to an attorney for assistance.
Sudden Micromanagement
If your supervisor suddenly tries to micromanage you, requests unnecessary frequent updates, or seems especially critical of your work in ways they were not prior to your report, leave, or accommodations, this may be considered retaliation. An additional example may include reprimands for things that were not previously a problem that others are doing without a problem. This may include an exceptionally or unexpectedly negative performance review.
Inconsistent Scheduling
If your employer has suddenly given you an inconsistent schedule, this may also fall under the understanding of retaliation. This may be a constantly changing schedule or last-minute changes to inconvenience you or disrupt your schedule. Intentionally scheduling unpreferred shifts, longer or shorter shifts than usual, or suddenly requiring night or weekend shifts may also be an indicator of retaliation.
Addressing Employer Retaliation
If you have not already been terminated, you may be worried about addressing retaliation from your employer out of fear that they will escalate. However, California has laws in place to protect you. Recent changes in 2024 mean California’s new law makes retaliation claims easier. This is due to new requirements that your employer show their actions were appropriate instead of requiring the employee to prove they were based in retaliation. In addition to working with a San Francisco employment attorney, you have several options for filing a retaliation complaint.