Retaliation in Hollister, California
While California is an "at will employment" environment (meaning
an employer can terminate an employee at any time without having to provide
an explanation), that does not mean that your employer can fire you for
An employer cannot retaliate against an employee for making a complaint
about workplace discrimination or harassment (including sexual harassment,
sexual orientation harassment, racial harassment, religious harassment,
national origin harassment and disability harassment). An employee is
also protected from being fired for refusing to engage in an illegal activity,
for serving in the armed forces reserves or for requesting overtime pay
or additional benefits.
What is retaliation?
Retaliation is considered "any adverse employment action resulting
from an individual opposing practices prohibited by the FEHA or an individual
who filed a complaint, testified, assisted or participated in any manner
in an investigation, proceeding or hearing conducted by the Fair Employment
and Housing Commission (FEHC) or Department of Fair Employment and Housing
(DFEH) or their staffs."
Examples of employer retaliation include:
- Disciplinary actions.
- Negative performance reviews.
- Being overlooked for raises.
- Being overlooked for promotions.
- Forcing an employee to work a more demanding job without a suitable pay raise.
- Being fired.
How do you prove an employer retaliation case?
If you believe you are being harassed, you should complain to your supervisor,
human resources department and/or business owner in writing, as soon as
possible. Keep a copy for your records of your e-mail or letter.
To prove an employer retaliation case, you must show that you engaged in
a protected activity, that you experienced a negative employment action
and that there was a link between the protected activity and the negative
employment action. If your case is successful, you could be entitled to
damages that include lost wages, lost benefits, emotional suffering and
At Marder Employment Law, Attorney Bill Marder stays up-to-date with torts,
statutes and legal precedence. He has over 20 years of legal experience
and has obtained multi-million dollars' worth of compensation for
employment discrimination victims.