It takes courage to speak out when something is wrong in the workplace, especially regarding the behavior of a coworker or supervisor. The fear of retaliation is very real and often valid. However, California workers are protected from this kind of behavior by state and federal laws. If you suspect your employer is retaliating against you for reporting misconduct, you need the support of an Orange County whistleblower retaliation attorney from Elite Employment Law to help you make your case.
What is Employer Retaliation?
It’s doubtful that your boss will come up to you and say, ‘You reported me for my behavior, so now I’m going to demote you.’ It usually shows with a little more nuance, but what is it? The California Department of Industrial Resources explains that retaliation occurs when an employee partakes in a legally protected activity and faces adverse employment action as a result. An adverse employment action may include termination, but not always. Other examples, according to the EEOC, include:
- Unwarranted reprimands
- A performance review that was lower than it should be
- Micromanaging
- Increased scrutiny
- Verbal or physical abuse
- Spreading rumors
- Intentional change of schedule or duties that make the employees’ work more difficult
Some of these examples can be difficult to identify or prove malicious. The key to identifying the issue and gathering evidence is comparing your experience before and after your complaint, and possibly against other people in your position. For example, are you being held accountable for problems that the supervisor doesn’t take issue with when other people engage in the same behavior?
Making Your Case for Employer Retaliation
For a successful employer retaliation case, you should be able to establish three things. You engaged in a legal activity, suffered adverse employment actions, and established a link between the two. This can feel daunting, but an attorney can guide you through the steps and help you identify sources of this evidence.
Documentation
Establishing the link between your complaint and the adverse employment action. Whenever possible, communicate in writing, including documentation of your initial report, and any discussion or concerns about the adverse employment action.
This ensures you have copies of the exchanges, including date and time stamps. Delivery or read receipts may also help you document that your employer was aware of the problem. Suppose your employer wants to pursue communication in person or over the phone. In that case, you can send a follow-up e-mail summarizing your understanding of the conversation and providing an opportunity to correct any misunderstandings.
You may benefit from gathering paperwork and e-mails to show evidence of adequate or positive performance before reporting the misconduct to show that this adverse action may be unfounded and only changed after your report.
Follow the Process
Most employers have a straightforward procedure for reporting inappropriate behavior or concerns of retaliation. It can be helpful to show that you made efforts to report or resolve the issue, and the company failed to take action to protect your rights. Therefore, our retaliation attorney may advise you to gather documentation of your efforts to follow your employer’s complaint process. The courts often find it difficult to assign fault if your employer was unaware of the issue.