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California makes it clear: employer retaliation is illegal, and workers should not face retribution as a consequence of exercising their legally protected rights. Unfortunately, some employers think the law doesn’t apply to them, and our attorneys take pride in demonstrating otherwise.
Importantly, recently enacted laws in California have made it easier to prove certain types of retaliation claims against employers. The following is a helpful guide in understanding the varying types of retaliation claims in California, and our attorneys are well-versed in applying these new laws which took effect on January 1, 2024 (described in more detail below).
What am I entitled to if my employer retaliated against me?
Retaliation is a serious offense in California. The state intentionally applies a broad definition to retaliation to ensure a safe and just work environment where employees can assert their rights without fear of retribution.
If you are, or were, a victim of employment retaliation, you should contact our office immediately. You may be entitled to significant compensatory damages, including punitive damages, damages for pain and suffering, and possible reinstatement of your former position.
Give our employment attorneys a call for a free consultation, or fill out our no-obligation consultation form so our attorneys can help walk you through your legal options as soon as possible.
Remember, everyone’s circumstance is different, so after reading below, give our experienced employment attorneys a call for a free consultation, or fill out our no-obligation consultation form so our attorneys can help walk you through your legal options.
How does California define employer retaliation?
Illegal retaliation in the California workplace is defined as any adverse action taken by an employer against an employee as a consequence of the employee engaging in a legally “protected activity.”
Unlawful retaliation can take many forms. It most typically involves a wrongful termination, but may also include other adverse employment actions short of termination such as job suspensions, negative performance reviews, performance improvement plans, less desirable shifts, reduced pay, and denial of promotions or other opportunities.
What are examples of “protected activities” giving rise to illegal retaliation?
Essentially, any adverse employment action is illegal if the employer’s motivating factor for the action was a response to the employee’s exercise of a “protected activity.” These protected activities include, but are not limited to:
- Opposing discrimination or harassment due to your protected class/trait under the California Fair Housing and Employment Act (FEHA), such as your:
-
“Whistleblowing,” such as reporting (or threatening to report) California Labor Code violations, which include, but are not limited to:
- Employer's wage & hour violations (such as unpaid wages, unpaid overtime, illegal rest or meal breaks, or unreimbursed expenses)
- Unsafe workplace or environmental conditions
- Fraud or other illegal workplace activities
-
Taking (or requesting) job-protected leave, such as:
- Pregnancy leave
- Disability leave
- Maternity leave
- Bereavement leave
- Filling workers' compensation or other insurance claims involving your employer
- Participating in investigations, hearings or litigation related to workplace rights
What are examples of “protected activities” giving rise to illegal retaliation?
Essentially, any adverse employment action is illegal if the employer’s motivating factor for the action was a response to the employee’s exercise of a “protected activity.” These protected activities include, but are not limited to:
- Opposing discrimination or harassment due to your protected class/trait under the California Fair Housing and Employment Act (FEHA), such as your:
- Race, color, national origin or religion
- Sex, gender, or sexual orientation
- Age (40 or older)
- Medical disability
- Pregnancy, childbirth or pregnancy-related medical condition
- “Whistleblowing,” such as reporting (or threatening to report) California Labor Code violations, which include, but are not limited to:
- Employer’s wage & hour violations (such as unpaid wages, unpaid overtime, illegal rest or meal breaks, or unreimbursed expenses)
- Unsafe workplace or environmental conditions
- Fraud or other illegal workplace activities
- Taking (or requesting) job-protected leave, such as:
- Pregnancy leave
- Disability leave
- Maternity leave
- Bereavement leave
- Filing workers’ compensation or other insurance claims involving your employer
- Participating in investigations, hearings or litigation related to workplace rights
New California Law Makes it Easier for Employees to Establish Retaliation Claims
Governor Newsom recently signed into law the Equal Pay and Anti-Retaliation Protection Act. Effective January 1, 2024, the burden of proof has shifted onto employers to show it did not act in a retaliatory manner with respect to certain types of California employee retaliation claims.
The new law creates a rebuttable presumption that the employer retaliated against an employee if the employee experiences an adverse action within 90 days of the employee engaging in a “protected activity” described above. Previously, the plaintiff (employee) had the burden to show the employer’s acts were retaliatory. Now, the burden of proof is on the employer to establish that the adverse employment action was based on a legitimate, non-retaliatory reason, effectively eliminating the plaintiff’s need to establish his or her prima facie case by automatically starting the burden-shifting analysis at the second step.
The types of retaliation claims covered by this new law include, among others, allegations that the employee was retaliated against for:
- reporting/disputing unpaid wages (e.g., off-the-clock work, overtime, meal/rest breaks)
- unsafe or hazardous work conditions
- unequal pay
- filing a workers’ compensation claim
- other rights described above as “protected activities”
In addition, the new law entitles a prevailing employee to civil penalties for each violation, on top of those damages which were already available to the employee.
If you believe you were retaliated against by your employer, you’ve never had more protections on your side, and our attorneys are ready to aggressively pursue your legal rights.
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our clients' success stories
“This testimonial is for Sam Rezvani at Venture Law. If you are reading this, do not hesitate to have a consultation with Mr. Rezvani. I was employed by my former employer for a touch short of 30 years when new management acquired our company and laid me off one month later. They didn’t even have the gal to provide a 2-week notice. Needless to say, I was shocked and devastated. From the outset, Sam asked all the right questions, remembered every detail when we connected (including those I assumed were unimportant), and kept me apprised of case status as he worked it along. You must maintain a certain level of trust here, as the legal world is one in which most of us have little to no experience. I’ve disliked my share of attorneys throughout my career, but Sam is quite clearly not a “typical” attorney. He does a wonderful job walking you along and pointing out where he sees speedbumps, forks in the road, and the ultimate destination when the dust settles. He was spot on all the way through. I’m retired now, and the settlement he recouped for me immensely improved my quality of life. Should you need employment law services, you’ll want Mr. Rezvani in your corner.”
Richard H.
“I have utilized the assistance of Sam Rezvani and Venture Law for a variety of issues in recent months and with each instance I have come away more impressed. The care and attention is unmatched; it comes across in each interaction just how much Sam truly knows, understands and cares. He is thoughtful and thorough, measured and enthusiastic about his craft and his handling of each specific need. The information and guidance provided were top notch and Sam has entrenched himself as a true ally in all legal aspects. Venture Law and Sam in particular offer a boutique feel with big firm knowledge; I cannot recommend them enough.”
Chris N.
“Attorney Sam Rezvani at Venture Law was my lawyer. Not sure about the other attorneys there because Sam was the only one I dealt with but can say he’s probably the smartest guy I’ve ever met. He knew exactly how the company was going to lie its way out of what happened and he cut them off from the start. I ended up getting paid IMMEDIATELY and didn’t even have to file a lawsuit.”
Jose R.
“I’ll keep it short and sweet. Professional, responsive, knowledgeable, and overall fantastic guys on your side. If that’s what you want in your lawyers, call them.”
Viken N.
“I can honestly say I don’t know where I’d be without Mr. Rezvani. Was in a really dark place in my life when I reached out to him. He gave me legal advice but what I really liked was that he gave me practical advice too. He gave me the courage to polish up my resume and find another job, and let me know he would take care of my case as my lawyer. I vividly remember him saying “that’s my job.” And it’s the best decision I ever made. Got back on my feet and ended up getting compensated for my ex-boss’s discrimination. Can’t disclose how much I got because I signed a confidentiality agreement but all I can say is that it was worth the wait!”
Victoria N.
“From the start I knew Mr. Rezvani was the attorney I was looking for. This was the first time I needed an attorney. He took the time to answer all my questions and was super clear about how he thought things would go. Didn’t really require much on my end, which was a plus. He kept me updated with how things were going and let me know when I should take the settlement the company was offering. At first, I felt it was too low but he told me the risks of not taking it and guess what? The company shut down 1 month after I got paid!! Still can’t believe how close that was. Trust in Mr. Rezvani and thank me later!”
Edward F.
“Cannot recommend Venture Law highly enough. Was in a tight spot being fired from my job but I knew I had a legit case cuz everyone knows you can’t trust your bosses haha. Am I right?? So I reached out to Venture and spoke with Mr. Rezvani at my free consultation and he laid out my options. Mr. Rezvani was realistic about what he could do which was key. I asked him if he could get me a million dollars and he laughed haha. Didn’t feel like he was BSing me cuz I hate that feeling. I signed up with him and even though it took hella long to settle up Mr. Rezvani already told me to expect that and I’m glad I stuck it out with them. He got me way more $ than I expected and best part was I already found a new job so the settlement was a like a big bonus. Thank you again Mr. Rezvani!”
Nate O.
“Trust me, have your free consultation with Venture Law. What do you have to lose? It’s free, you get to speak with an attorney one on one, and it doesn’t cost you anything unless they settle for you. They only get a percentage of what their able to settle. Again, what do you have to lose? At least that’s how I saw it. He told me it might take a while to see any money but all I had to do was sit tight, answer some questions and sign some documents every now and then and I got paid. I can say Sam is an honest attorney and I never felt sold with him. Hope I don’t need him again but now I know I have an attorney I can personally call if I ever need legal advice at work. Worth the wait.”
Andres A.
“Mr. Rezvani is the man! I don’t usually leave reviews but my attorney came through for me and I had to let everyone know. If you want to sue your employer, reach out to Mr. Rezvani and don’t hesitate to sign up with him. Hope I never need a lawyer again (Sorry Mr. Rezvani!) but if I do I know where I’m calling.”
Saleem B.
“My husband encouraged me to call attorney Sam Rezvani at Venture Law after I got fired on my maternity leave. I didn’t think I had a case because I’d read you can be fired during maternity leave if the company has a good business reason (do yourself a favor and don’t search the internet for legal advice). I’m also so busy with my baby that I was ready to just forget about it all and move on. On my consultation, Sam explained the company was just using that as an excuse to keep me from suing. He ended up settling my case and I’ve already sent my friend to Sam after she was discriminated by her HR too. I hear she’s going to win and I know she’s happy with Venture Law too. Hopefully she can give a review too, you guys deserve it!”
Doris P.
“I needed an attorney for a complex employment case and was fortunate to find Sam at Venture Law. From the initial consultation to the final settlement, he and his team were professional, attentive, and highly knowledgeable. They took the time to understand every detail of my situation, and I felt informed and supported throughout the entire process. Their approach and hard work resulted in an outstanding settlement. It was worth the wait. I couldn’t have asked for better representation, and I’m incredibly grateful for the exceptional service and results provided by Sam and his firm!”
Christine S.
“Working with Sam Rezvani at Venture Law was a better, easier experience than I had expected. This was the second time in my life that I needed to call on the help of an Attorney, the first was a divorce which was miserable and then this event which was highly unexpected. From the first call, Sam was attentive and understanding of my situation. He explained the law and my options clearly and I never felt pushed one way or another. Throughout my case, Sam kept me informed of each step and the outcome. He stayed in contact with the other party as necessary to ensure deadlines or commitments were kept. Communication was easy and I always felt comfortable discussing my case or asking questions. It was my personal choice from the beginning to resolve my case in mediation if possible. Sam had the experience, resources, and skills to negotiate on my behalf and to secure the best possible mediator for a positive outcome. I would not hesitate to recommend Sam Rezvani at Venture Law to anyone in need of a knowledgeable, honest, and reliable Attorney.”
Nancy O.