Retaliation and Loss of Job

It is illegal for employers to retaliate against employees who exercise their workplace rights. Retaliation means punishing or treating an employee unfairly because they have reported violations, filed complaints, participated in investigations, or exercised other legal protections. Retaliation can take many forms, such as firing, demotion, reduction in hours, or harassment.

 

 

Losing a job or having your hours reduced can be especially challenging. Sometimes workers qualify for unemployment benefits, which provide temporary income support while they look for new work or resolve issues with their employer.

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  • Common Examples of Retaliation
    • Terminating or disciplining an employee for reporting wage theft, discrimination, harassment, or unsafe conditions
    • Reducing pay or work hours after an employee complains about workplace violations
    • Threatening, intimidating, or harassing employees who cooperate with labor enforcement or investigations
    • Denying promotions, benefits, or training because an employee raised concerns or filed a complaint
    • Excluding employees from workplace activities or opportunities as punishment for protected activity

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  • Top Laws to Know Related to Retaliation

    California Labor Code § 98.6

    • Prohibits employers from retaliating against employees who file complaints or participate in investigations with the Labor Commissioner
    • Protects workers who report violations related to wages, hours, workplace safety, and other labor laws

    California Fair Employment and Housing Act (FEHA) (Government Code § 12900)

    Whistleblower Protections Act ( Labor Code § 6310 ;  Gov. Code § 8547 ;  29 U.S.C. § 660(c))

    • California and federal laws protect employees who report workplace safety violations or hazards from retaliation such as firing, demotion, or harassment.
    • Protections to public employees under the California Whistleblower Protection Act also exist and can be found here: FAQ

    California Unemployment Insurance Code (UIC)  § 1237 

    • Provides temporary financial benefits to eligible workers who lose their jobs or have their hours reduced through no fault of their own.
    • Benefits are administered by the Employment Development Department (EDD) and typically require an application process that may take several weeks to process.

Workers: Your Rights

  • The right to a workplace free from retaliation for asserting your legal rights
  • The right to file complaints or cooperate with investigations without fear of punishment
  • The right to report unsafe working conditions, wage violations, discrimination, harassment, or other illegal conduct
  • The right to document any retaliation incidents carefully, including dates, details, and witnesses
  • The right to file retaliation complaints with relevant labor and civil rights agencies if retaliation occurs
  • The right to apply for unemployment benefits if you lose your job or have hours reduced through no fault of your own.
  • The right to timely and fair processing of unemployment claims through the EDD.

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Employers: Responsibilities, Best Practices, and Resources

  • Employers must not retaliate against employees for engaging in protected activities, including reporting workplace injuries, requesting legally protected leave, raising concerns about wages or working conditions, or participating in investigations. 
  • Employers should clearly communicate anti-retaliation policies, document employment decisions, apply discipline consistently, maintain transparent complaint procedures, and train managers to recognize protected activities and handle concerns in a fair and respectful manner.

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  • Required by Law
    • Prohibit retaliation in workplace policies
    • Investigate retaliation complaints promptly and fairly
    • Train supervisors and managers on retaliation laws and prevention, and appropriate responses
    • Maintain confidentiality and protect employees who report violations or cooperate in investigations
    • Take corrective action immediately if retaliation is found
    • Provide accurate and timely separation information to employees and unemployment agencies to support benefit claims and avoid disputes.
  • Best Practices
    • Foster a safe and supportive work environment where employees feel comfortable raising concerns
    • Keep detailed and organized records of complaints, investigations, and resolutions
    • Regularly review and update anti-retaliation policies and training materials
    •  Collaborate with labor agencies or legal experts for guidance on handling retaliation issues
    • Encourage open communication and transparency
    • Provide clear guidance and assistance to employees applying for unemployment benefits after separation or reduction in hours.
  • Employer Resources

     

Disclaimer: This guide is for educational purposes only and is not legal advice. Laws may not apply to all employment situations or jurisdictions. For guidance on your specific case, consult an attorney, labor rights organization, or government agency..