workplace retaliation defined under California law

Retaliation is one of the most common claims that support wrongful termination lawsuits by California employees. Retaliation claim is an adverse employment action by the employer, such as demotion or termination, in reprisal for that employee's engaging in one of the defined protected activites. Some of the main activities that are protected by anti-retaliation laws are:  

• Complaining about sexual, gender, racial or disability discrimination or harassment; 
• Filing a workers compensation claim.
• Exercising rights to FMLA/CFRA leave due to serious medical condition.
• Engaging in union related or other policitical activity.
• Participating in legal or other kinds of official investigation, or participating in an internal harassment or discrimination investigation as a witness.
• Complaining about labor code violations, such as filing a complaint about not being paid overtime compensation.
• Complaining about violations at workplace that affect public at large (embezzlement of public funds, tax fraud, etc.) 
• Complaining about health and safety code violations at workplace.
• Complaining about patient health and safety at a healthcare facility.  

Although proving that an empoyee has been terminated in retaliation for engaging in one of the above activities and not for the reason stated by the employer (performance, insubordination, job restructuring, etc.) often requires careful analysis of the available evidence to support that kind of claim. However, if you have been terminated shortly after engaging in one or more of the above activities, and you have a track record of good performance with the same company, chances are that you have been subjected to unlawful retalation.