It’s illegal to Retaliate Against Workers for Doing These Things

You may generally know that it is illegal for your employer to retaliate against you, if you complain about harassment or discrimination at work. You simply cannot be punished for trying to protect yourself, or for reporting illegal activity against you.

But many employees don’t realize that it’s also illegal to be retaliated against, for many other things. As a general rule, you cannot be retaliated against by your employer, for doing or saying anything that you have a legal right to do, or which you are legally obligated to do.

Here are some things that employees are commonly but illegally retaliated against by employers for doing:

Filing for bankruptcy – You have a legal right to file for bankruptcy. It does not affect your work or job performance. It is illegal for an employer to harass you, punish you, or retaliate against you, just because you filed for bankruptcy—even if the employer is a creditor in the bankruptcy case.

Making a workers compensation claim – If you are injured at work, you have a right in many cases to get medical help via a claim through your employer’s workers compensation carrier. The employer cannot then retaliate against you, for making such a claim.

Illegal activities – Often, you may find that your employer is not acting illegally towards you (that is, you aren’t being harassed or discriminated against), but your employer is breaking a law. When an employee complains about illegal activity or points it out the employer will often tell the employee it’s none of his or her concern or business—or worse, the employer will retaliate against the employee, seeing him or her as a “rat” or a “snitch.”

You have every right to complain of illegal activity by your employer, including reporting such activity to any law enforcement or government agency. This is often called a whistleblower claim, and your boss cannot punish you for reporting illegal activity, so long as you do so in good faith.

Jury duty and testifying – Although none of us loves it, we often have to do our civil duty, and go to jury duty. Or, we are called as a witness in a trial.

So long as you are under subpoena to attend, or have a jury duty summons, your employer cannot punish you for not being at work to do these things (they may be able to not pay you for the day, they just cannot demote you, or call your absence “unexcused,” or do anything that would have a negative effect on your status or standing at work).

Taking medical leave – Between California and Federal law, you have rights to take off work for medical leave, pregnancy, illness, or injury (to you, or to your immediate family). In many cases employers will give you that leave—and then punish you later, when you return to work. This is illegal retaliation

Salary discussions – Your employer cannot impose a gag order on discussing salary with your fellow employees. Many employers try to do this, to hide discriminatory pay practices.

Are you being retaliated against at work? Contact the San Jose employment attorneys at the Costanzo Law Firm today for help.

Source:

dir.ca.gov/dlse/howtofilelinkcodesections.htm#:~:text=Labor%20Code%20section%20230(c)%20prohibits%20an%20employer%20from%20discharging,a%20threat%20of%20physical%20injury%2C