If you have experienced retaliation after reporting workplace discrimination or harassment in the workplace, or asserting any of your legally protected employee rights, you know it can be an overwhelming experience. Retaliation after reporting wrongdoing can leave employees feeling isolated and unsure of their next steps. If you reported what you believed to be a violation of the law, and your employer takes action against you, you have rights.
Our team of California employment law attorneys at Betts Law Group understand the courage it takes to report discrimination or harassment in the workplace. With years of experience in employment law in California, our team is here to guide you through this challenging situation, ensuring you know your options and the resources available to you if you are experiencing retaliation.
What Constitutes Retaliation in California?
Retaliation occurs when an employer takes negative action against an employee for reporting discrimination or harassment. Retaliation can also occur anytime you assert a legally protected right: such as taking medical or family leave, using sick time, or even going to your child’s school for school activities (depending on employer size) or for a school suspension (regardless of employer size). Types of workplace retaliation can include:
Termination
Demotion
Reduction in hours or pay
Change in schedules or assignments
Negative performance reviews
Harassment or creating a hostile work environment
Being wrongfully terminated for reporting sexual harassment in the workplace is a serious offense and employers could face legal consequences. Understanding what qualifies as retaliation is crucial, as it shapes the steps you should take to protect yourself and your rights.
Why Do Employers Retaliate in California?
Employers may retaliate for several reasons. Their motivations are often based on a desire to maintain control and a fear of negative consequences. Some of the actions that could trigger retaliation with an employer are:
Reporting misconduct
Exercising legal rights
Lodging complaints
Requesting investigation
Common reasons why employers may retaliate include:
Attempting to protect their reputation
Trying to deter others from speaking out
Misplaced anger at the employee for “causing trouble”
By recognizing why retaliation in the workplace occurs, you can better advocate for your rights and take the right steps to address the issue. Empowering yourself with knowledge allows you to stand firmly against unjust actions and seek the support necessary to maintain a respectful and fair workplace environment. A lawyer with experience in employment law can help guide you through the process and make sure you have the information you need to move forward.
What To Do After Experiencing Retaliation in the Workplace
The first step to take when experiencing retaliation in the workplace is to make sure everything is properly documented. Documenting workplace retaliation is crucial for several reasons.
First, it creates a detailed record of events which can strengthen your case if you decide to take legal action. Clear documentation, including dates, times, names of witnesses and specific incidents, helps establish a timeline and pattern of behavior.
Additionally, having thorough notes can be helpful in discussions with HR or legal representatives, ensuring that you present a compelling argument.
Some additional steps you should take if you are facing retaliation:
Check your employee handbook or company policies regarding harassment and retaliation. Most organizations have specific procedures for reporting these issues, which can provide a clear framework for what to do next.
If you feel comfortable, talk to a trusted coworker about your situation. They may have witnessed the retaliation or could provide support. Additionally, their perspective can help you gauge whether your experience is part of a larger pattern within the workplace.
You may want to report the retaliation to your employer, usually through HR. When doing so, remember to present your documentation clearly, stay professional, and outline the specific instances of retaliation.
HR often only wants to have these conversations in person, and it is up to you to ensure a written record is made of what was discussed in the meeting where you report. A helpful tip is to write HR an email after the meeting confirming what you reported in the meeting, what you requested, and what HR promised they would do in response.
Why You Should Hire An Attorney if You’ve Been Retaliated Against in the Workplace in California
Both federal and state laws protect employees from retaliation. The Equal Employment Opportunity Commission (EEOC) enforces these laws, and you may also have additional protections under FEHA and other California laws. These laws can be complex, so hiring legal counsel can make an immense difference in the success of your case.
If internal reporting doesn’t yield results, you may need to file a complaint with the EEOC, California Civil Rights Department or the California Labor and Workforce Development Agency. This can be an important step in taking legal action against your employer. Filing a complaint may seem intimidating, but an attorney can guide you through the process, helping to ensure that all necessary paperwork is completed accurately, preserves and asserts all rights, and submitted on time.
An attorney experienced in employment law can help you:
Navigate the complex legal processes
Understand your rights
Developing a strong case based on your documentation and evidence
Contact Betts Law Group Today for A Consultation!
At Betts Law Group, we believe that no employee should face these challenges alone.
If you find yourself facing retaliation, contact us as soon as possible. Our team is dedicated to helping you navigate this difficult journey, advocating for your rights and well-being every step of the way. You deserve a safe and respectful workplace, and we’re here to help you reclaim it.
Sexual harassment remains a significant issue in workplaces in California as well as across the United States. Despite legal protections in the state, many people who have experienced sexual harassment in the workplace stay silent due to fear of retaliation or being wrongfully terminated. Employees have the right to feel safe in their workspace, and are entitled to justice and compensation if another employee crosses the line.
The experienced California sexual harassment attorneys at Betts Law Group have years of experience dealing with cases involving sexual harassment in the workplace. We can help you understand your rights under California labor and employment laws and fight for compensation if you have been harassed by supervisors, co-workers or other colleagues.
What Is Workplace Sexual Harassment?
Workplace sexual harassment can encompass any unwelcome sexual advances, requests for sexual favors, or any other conduct of a sexual nature that creates a hostile or offensive work environment. The conduct does not have to be motivated by the harasser’s sexual desires to be sexual harassment.
Sexual harassment can be perpetrated by anyone, regardless of gender, and may involve individuals of the same sex. The harasser could be a supervisor, a supervisor from another department, a co-worker, an agent of your employer, or someone else associated with the company who isn’t an employee.
The key element is that the behavior must be unwelcome. The victim doesn’t have to be the direct target; even bystanders or co-workers affected by the conduct can be impacted. You can file a claim for sexual harassment without having suffered economic loss or being fired.
This behavior can manifest in various forms, including:
Quid pro quo harassment: Any action that implies that an employee’s job security or a related employment issue is contingent upon them providing sexual favors or complying with sexual demands. The contingent benefit could be promotions, raises, favorable schedules, but something that is related and being offered that the employee believes the harasser is in control of.
Unwanted physical contact: This can include inappropriate touching, groping, hugging, kissing, or any other physical advance that makes an employee uncomfortable. Even seemingly innocent gestures or touches, if unwanted, can be considered harassment.
Hostile Work Environment – Sexually suggestive comments or jokes: Creating a hostile work environment by making sexually charged remarks, jokes, or innuendos directed at an individual or group of employees can be considered harassment.
Hostile Work Environment – Displaying sexually explicit material: Putting up sexually suggestive posters, calendars, or screensavers, as well as sharing inappropriate images or videos, can contribute to a hostile work environment.
Hostile Work Environment – Cyber harassment: Sending unwanted sexually explicit emails, texts, or social media messages to a colleague constitutes harassment, even if it occurs outside of traditional work hours or the physical workplace.
Hostile work environment claims require the offensive behavior or conduct to be so severe or pervasive that it creates an intimidating and offensive work environment such that the harassed employee is unable to perform their job.
The Process for Filing Workplace Sexual Harassment in California
If your employer has a sexual harassment policy, consider taking the following steps:
Step One: Document the sexual harassment. This includes any texts, emails, notes or even writing down the comments or innuendos made to you, including when, where and who else may have witnessed the conduct.
Step Two: Follow the internal complaint procedure of your company.This may involve reporting the harassment to your supervisor, human resources representative, or another individual in your organization. Ask your supervisor, HR representative or management for a copy of the policy if you cannot locate it. Make the report, and confirm it in writing if HR wants to meet in person only.
Step Three: Contact an attorney that has experience in workplace sexual harassment cases. Employment law and sexual harassment laws are complex, and you don’t have to deal with the challenging legal process on your own. An attorney that has experience in this area can explain your rights, the legal options available to you, and help you navigate the often-confusing legal process.
Step Four: File a formal complaint with the California Civil Rights Department or Equal Employment Opportunity Commission. This can be done online, by mail, or in person. The CRD is the state agency responsible for enforcing laws against discrimination and harassment in the workplace, including sexual harassment and the EEOC is the Federal Agency. You should consult with attorneys before doing so as rights may be waived if done incorrectly.
How a California Lawyer Can Help with Your Sexual Harassment Case
Consulting an attorney is the best way to ensure you understand your rights and options in your specific circumstances. An attorney that has worked on workplace sexual harassment cases can provide personalized guidance, making sure you fully understand your rights and the available legal avenues in your unique situation. They can help you navigate the legal process, gather evidence, and advocate for your best interests, which can empower you to make informed decisions.
Contact Betts Law Group Today!
If you’ve experienced sexual harassment in the workplace, contact Betts Law Group to determine your options. We have an in-depth understanding of California’s labor and employment laws and can help you get the compensation you deserve.
If you have been sexually harassed by supervisors, co-workers, or colleagues, we are here to help you understand your rights and fight for the compensation you deserve.
It is illegal for anyone to be punished for reporting instances of sexual harassment at their workplace. If you’ve been wrongfully terminated for reporting sexual harassment at work, our dedicated employment lawyers at Betts Law Group are here to help you. We can explain your rights, assess the strength of your case, and recommend the best steps to move forward.
With our experience in employment law, the Betts Law Group is committed to empowering you to seek justice and speak up. We understand the sensitivity of these issues and provide compassionate support, and we treat each client like family.
What Is Wrongful Termination in California?
Wrongful termination is when an employer fires an employee for an illegal reason.
In California, employees are legally protected from retaliation for engaging in certain activities. If an employee is fired as retaliation for exercising these rights, they can pursue legal action against their employer.
There are many instances when your termination could be considered wrongful, including if the termination was due to:
Discrimination based on race, religion, sex, disability, or country of origin
A violation of state or federal labor laws
Reporting harassment
Refusal to perform an illegal or unsafe activity
California is an “at-will” employment state, meaning that employers can terminate their employees for almost any legal reason. The termination becomes wrongful if an employee’s civil rights are violated, which includes sexual harassment or discrimination.
Unfortunately, some employees that have experienced sexual harassment at work face retaliation from their employers for reporting instances of harassment to their superiors. This is considered wrongful termination and employees may be entitled to compensation.
Common Types of Workplace Sexual Harassment
Sexual harassment in the workplace can come in many forms. Traditionally, workplace sexual harassment includes unwanted sexual advances, requests for sexual favors (often in the form of quid pro quo), and other forms of verbal or physical conduct of a sexual nature.
The increasing popularity of remote work has opened up a host of other ways for sexual harassment in the workplace to occur, including sending explicit messages, photos, or videos. These can be sent via email, text message, or social media.
As an employee, you have a right to a safe work environment free of harassment and other forms of discrimination.
What To Do If You Think You’ve Been Wrongfully Terminated Due to Reporting Sexual Harassment
If you believe that you have been wrongfully terminated from your position due to reporting sexual harassment, there are certain steps you should take.
Documentation: It’s important for employees to gather and preserve evidence supporting their claim of wrongful termination. This may include performance evaluations, emails, text messages, social media posts, witness statements, and any relevant communications related to the termination.
Seek Legal Counsel: Once you have been terminated, finding legal representation can be critical. An experienced employment lawyer can help you understand your options and walk you through the process. The Betts Law Group has experience dealing with wrongful terminations and can help you explore your options.
How Can I Be Compensated After Being Wrongfully Terminated?
Your employer cannot legally retaliate against you for reporting sexual harassment. If retaliation occurs, including if it results in termination, you may have additional claims under California law. Your employer is obligated to ensure a safe, harassment-free workplace.
If you have been wrongfully terminated after reporting sexual harassment, there are several ways that you may be awarded compensation, including:
Wages
Bonuses
Stock options
Profit sharing
Vacation pay or other paid time off
It’s important to get legal representation as soon as your termination occurs in order to make sure you don’t lose any compensation that you are entitled to.
Contact Betts Law Group Today
Sexual harassment is something that no employee should endure, and reporting it to an employer should never result in termination. Knowing your rights and the proper steps to take is crucial for protection and justice. At Betts Law Group, we stand by you, providing support throughout this challenging journey, equipping you with the necessary tools and knowledge for the best possible outcome. You don’t have to face this alone—we’re here to help you find your voice and navigate towards a resolution that upholds your rights.
Contact us today to see how we can help you navigate the challenging process of seeking justice for wrongful termination due to reporting sexual harassment.
Sexual harassment in the California workplace is a serious issue that many individuals face. Understanding your rights and knowing how to prove sexual harassment can help you take appropriate action. Thankfully, you don’t have to go through it alone. The team at Betts Law Group is committed to helping you recover your voice and reclaim your power throughout this challenging process.
This blog will guide you through the process of identifying and proving sexual harassment in California, the criteria for workplace harassment, and the necessary steps to take action.
How to Prove Sexual Harassment at a Workplace in California
Proving sexual harassment can be challenging, but knowing what to look for and how to document it is essential. Here are some steps to help you build a strong case:
Document Incidents: Keep a detailed record of all incidents, including dates, times, locations, and descriptions of the behavior.
Save Evidence: Preserve any physical evidence, such as emails, text messages, or voicemails, that support your claim.
Witnesses: Identify and, if possible, obtain statements from witnesses who observed the harassment.
Report the Harassment: Follow your company’s procedure for reporting harassment. If there is no procedure, report it to a supervisor or human resources. Always make the complaint in writing. Even if human resources wants to keep the meeting in person, send a follow-up email.
What Are the Two Criteria for a Hostile Work Environment?
To be considered harassment, the behavior must meet two main criteria:
Severe or Pervasive: The conduct must be either severe (one serious incident) or pervasive (repeated incidents over time) enough to create an intimidating or offensive hostile work environment that alters the ability or conditions to do your job.
Unwelcome: The behavior must be unwanted and unwelcome by the victim.
What Qualifies as Sexual Harassment in the Workplace in California?
Sexual harassment in the workplace can take many forms. It includes, but is not limited to:
Unwanted Physical Contact: Touching, hugging, kissing, or any other physical contact that is not welcomed.
Inappropriate Comments: Making sexually explicit comments, jokes, or gestures.
Quid Pro Quo: Suggesting that employment benefits, such as promotions or raises, depend on submitting to sexual advances.
Visual Harassment: Displaying sexually suggestive images, posters, or emails.
What Evidence Do I Need to Prove a Hostile Work Environment in California?
Proving a hostile work environment includes demonstrating that the harassment was severe or pervasive enough to affect your work environment. Key pieces of evidence include:
Detailed Records: Notes of each incident, including what happened, who was involved, and any witnesses.
Communications: Emails, texts, or voicemails that document the harassment.
Witness Statements: Testimonies from coworkers who witnessed the harassment or its effects on you.
Company Policies: Copies of company harassment policies and any reports or complaints you made according to these policies.
Should You Take Action Against Sexual Harassment?
Taking action against sexual harassment is crucial for your well-being. You have a right to a safe workplace free from harassment and discrimination. Here are some steps to consider:
Report the Harassment: Follow your company’s reporting procedures. If your employer does not address the issue, you may need to take further action.
Seek Support: Talk to trusted friends, family, or a counselor for emotional support.
Consult an Attorney: Contact an employment law attorney to discuss your situation and understand your legal options.
Contact an Employment Law Attorney
If you believe you have a case of sexual harassment, contacting an employment law attorney can provide you with the guidance you need. An attorney can help you understand your rights, evaluate the strength of your case, and advise you on the best course of action.
The Betts Law Group has extensive experience in employment law and can help you elevate your voice to get justice. We understand that you may feel vulnerable and afraid to speak out, but we treat our clients like family and will help you find your voice.
