Costa Mesa Retaliation Attorney

Retaliation manifests in two ways. Defined as the act of harming or punishing someone in return for an injury or offense, retaliation is a form of vengeance or revenge. It is a common response in modern society to the current political climate and hostility toward people or groups perceived as “others.” If you are experiencing retaliation at work, contact a Costa Mesa retaliation attorney immediately.

The experienced defense lawyers at California Employment Counsel, APC, understand California and federal laws around retaliation. Most retaliation actions begin subtly as negative comments about appearance, race, income, or beliefs that seem harmless in the beginning. Retaliatory conduct in the workplace grows into a hostile, toxic, or intolerable workplace.

Workplace retaliation occurs when a fellow employee, manager, or supervisor takes actions meant to professionally harm an employee. For example, say an employee requested religious accommodations in their break schedule so they can attend a noon prayer session. A manager then must recreate the work schedule and allow them to take their break from noon to 1 pm. Some people get frustrated because they have to make changes or do extra work.

Annoyance turns into:

• Adding negative evaluations to a performance review
• Excluding the employee from any meetings held at noon
• Cutting their hours or benefits

Many managers increase the level of micromanaging on an employee to make them quit. Employees feel isolated and alone in a hostile or negative environment. The motive of retaliation is to punish the employee, and it is often linked to severe workplace bullying and discrimination.

Employees may then be overlooked for promotions or higher-level work, get less of a raise, if any, and even be terminated. California is an at-will employment state, so companies may misunderstand the at-will rules because it only applies to legal reasons for termination. Retaliation is illegal in any form under California and federal laws.

In California, all workers are protected by labor laws. The Labor Commissioner’s Office does not question immigration status, nor is immigration status reported to the federal government. There is no need to supply a Social Security number or legal photo identification to file a retaliation complaint.

Employees, former employees, and job applicants who have suffered retaliation can file a complaint with the Labor Commissioner’s Office. The following laws are a sampling of a total of 45 laws prohibiting retaliation: 

• Labor Code Section 96(k) provides the Labor Commissioner with the authority to make a claim for loss of wages arising from retaliation for lawful conduct.
• Labor Code Section 230(a) prohibits retaliating against an employee for taking time off to serve on a jury.
• Labor Code Section 230(b) prohibits employers from discharging an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to improve personal health or take care of the health, safety, and welfare of children.
• Labor Code Section 230.3 protects employees who take time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. An employee who is a healthcare provider must notify their employer at the time they become designated as emergency rescue personnel.

Employers and employees should become familiar with all of the laws prohibiting retaliation and include them in updates to employee training and business processes.

The California Civil Rights Department also takes employee complaints when the retaliation involves discrimination or harassment based on protected characteristics.

You file a complaint with the California Department of Industrial Relations. You can file online or mail in a form. Complaints must be filed within one year, except for whistleblowers retaliated against for raising child day care licensing violations and Equal Pay Act violations. If the deadline is missed, a person can always hire a retaliation attorney and file a private claim.

You may also file a claim with the California Civil Rights Department (CRD) when you have been retaliated against. Before filing, gather the evidence you have, any records or notes you have about the incidents, and the name of the person who retaliated against you. Also, list any witnesses.

The system allows you 30 days to complete the complaint form online. If you prefer, you can raise a legal claim by requesting an immediate right-to-sue notice from the CRD.

You want to hire a Costa Mesa retaliation lawyer from California Employment Counsel, APC, as soon as you suspect that you are being retaliated against. Our retaliation lawyers are experienced professionals who can take on your case. Our legal team is thorough, innovative, and strategic in its approach. When you hire a retaliation defense lawyer from California Employment Counsel, APC, you get a lawyer you can trust.

As experienced attorneys, we can guide you through the claim process and then negotiate on your behalf. Whatever type of retaliation you are recovering from, we can provide reassurance while we focus on pursuing compensation that meets your needs now and in the future.

Federal retaliation issues are investigated and prosecuted by the U.S. Equal Employment Opportunity Commission (EEOC). In 2024, several employers ended up on the wrong side of an EEOC claim. The 2024 annual report indicates the EEOC obtained a settlement or favorable judgment in 128 of 132 claims. 38.7% of claims were for retaliation.

The California Civil Rights Department and the California Department of Industrial Relations both enforce retaliation laws. California’s Labor Commissioner successfully reached a settlement against a McDonald’s franchise owner in Southern California for $113, 241 after four workers were fired for reporting unsafe working conditions.

California workers in 2023 filed 706 claims of workplace retaliation with the California Department of Industrial Relations.

Costa Mesa residents go to the Superior Court of California, County of Orange, at the Central Justice Center, 700 Civic Center Drive West in Santa Ana.

When you or a loved one has experienced workplace retaliation, contact our office for experienced representation. Our legal team is thorough and strategic, and we can press your retaliation case from the first consultation to the final resolution.