Protected Activities: What California Law Shields from Retaliation

Protected Activities: What California Law Shields from Retaliation

Understanding which activities are legally protected can empower you to stand up for your rights without fear of retaliation. California provides some of the strongest employee protections in the nation.

Reporting Illegal Activities (Whistleblowing)

California's whistleblower laws protect employees who report violations of state or federal laws, regulations, or rules. This includes:

• Financial fraud or embezzlement
• Environmental violations
• Safety hazards that threaten employees or the public
• Tax evasion or accounting fraud
• Healthcare fraud or patient safety violations

You're protected whether you report internally to management or externally to government agencies.

Filing Discrimination or Harassment Complaints

The Fair Employment and Housing Act (FEHA) protects employees who:

• File complaints about discrimination based on race, gender, age, disability, or other protected characteristics
• Report sexual harassment or hostile work environment
• Support a coworker's discrimination complaint
• Participate in discrimination investigations or proceedings

Wage and Hour Activities

California Labor Code protections cover employees who:

• Request proper payment for overtime, minimum wage, or meal/rest breaks
• File wage claims with the Labor Commissioner
• Discuss wages with coworkers
• Report misclassification as independent contractors
• Complain about unpaid wages or illegal deductions

Taking Protected Leave

You cannot face retaliation for:

• Taking Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leave
• Using paid sick leave under California law
• Taking pregnancy disability leave
• Requesting time off for jury duty or voting
• Taking leave for domestic violence, sexual assault, or stalking issues

Workers' Compensation Claims

It's illegal for employers to retaliate against employees who:

• File workers' compensation claims for workplace injuries
• Report workplace accidents
• Testify in workers' compensation proceedings
• Seek medical treatment for work-related injuries

Union and Collective Activities

The National Labor Relations Act and California law protect:

• Joining or supporting a union
• Discussing working conditions with coworkers
• Participating in strikes or work stoppages
• Filing complaints about unfair labor practices

Requesting Reasonable Accommodations

Employees are protected when requesting accommodations for:

• Disabilities under the ADA and FEHA
• Religious beliefs and practices
• Pregnancy-related conditions
• Lactation needs in the workplace

How to Safely Exercise Protected Rights

1. Document your protected activity - Keep copies of complaints, emails, and communications
2. Follow proper procedures - Use internal reporting channels when appropriate
3. Be factual and professional - Focus on facts rather than personal attacks
4. Know your deadlines - Many protections have time limits for reporting
5. Keep detailed records - Document any changes in treatment after your protected activity

Signs of Potential Retaliation

Watch for these red flags after engaging in protected activity:

• Sudden negative performance reviews
• Exclusion from meetings or projects
• Transfer to less desirable shifts or locations
• Increased scrutiny or micromanagement
• Hostile behavior from supervisors
• Denial of previously approved benefits

What to Do If You Face Retaliation

Immediate Steps:

1. Continue documenting everything
2. Report the retaliation through proper channels
3. File complaints with appropriate agencies (EEOC, DFEH, Labor Commissioner)
4. Consult with an employment attorney

Preserve Evidence:

• Save all emails, texts, and written communications
• Keep a detailed journal of incidents
• Identify potential witnesses
• Gather performance reviews and employment records

California's Strong Remedies

If you prove retaliation, you may be entitled to:

• Reinstatement to your position
• Back pay and lost benefits
• Compensatory damages for emotional distress
• Punitive damages to punish the employer
• Attorney's fees and costs
• Injunctive relief to stop ongoing retaliation

Don't Let Fear Stop You

California law recognizes that protecting employee rights requires strong anti-retaliation laws. You have the right to speak up about illegal activities, discrimination, safety hazards, and wage violations without fear of punishment.

If you believe you're facing retaliation for exercising your protected rights, don't wait. Contact AskLitigation today to speak with an experienced California employment attorney who can evaluate your situation and help protect your rights.

Frequently Asked Questions

What activities are protected from retaliation in California?

Protected activities include reporting illegal activities, filing discrimination complaints, requesting wage payments, taking protected leave, filing workers' compensation claims, and participating in union activities.

How do I safely report workplace violations without facing retaliation?

Document your protected activity, follow proper procedures, be factual and professional, know your deadlines, and keep detailed records of everything. Consider consulting with an attorney before reporting serious violations.

What are signs of workplace retaliation?

Signs include sudden negative performance reviews, exclusion from meetings, transfer to less desirable shifts, increased scrutiny, hostile behavior from supervisors, and denial of previously approved benefits.

Can I be fired for reporting discrimination in California?

No, it's illegal to fire someone for reporting discrimination. The Fair Employment and Housing Act (FEHA) protects employees who file complaints about discrimination or support a coworker's complaint.

What remedies are available if I prove retaliation?

Remedies include reinstatement, back pay and lost benefits, compensatory damages for emotional distress, punitive damages, attorney's fees and costs, and injunctive relief to stop ongoing retaliation.