How can you speak up without fear of employer retaliation?
At some point in your career, you may encounter bosses who unfairly target employees based on race, religion or gender. Facing discrimination is a difficult experience, but the fear of speaking up can feel even worse. Many workers stay silent because they fear their employer will impose sanctions. But it’s important to know that you have the right to report workplace injustices, and California law offers you protection when you do.
What counts as employer retaliation?
If your employer takes action against you for reporting misconduct, that’s considered retaliation under the law. California protects employees through key Labor Code sections, including:
- Labor Code § 98.6, which shields employees when they file claims or testify in workplace investigations.
- Labor Code § 1102.5, which protects whistleblowers who report illegal activities.
- Labor Code § 6310, which safeguards employees who report unsafe workplace conditions.
Such actions from your employer can take many forms, some common examples are:
- Your employer terminating or demoting you after you raise a concern.
- Your employer reducing your pay without a valid reason.
- Your employer giving you negative evaluations unrelated to your actual job performance.
- Your employer subjecting you to harassment or threats intended to intimidate you.
If you notice any of these actions following your complaint, your employer may be engaging in unlawful retaliation.
Protect yourself before and after you speak up
Before you make a formal complaint, document everything. Keep records of reports, emails, and related conversations. Follow company procedures and use internal complaint systems, preferably in writing. Stay professional and factual when communicating concerns. And if you suspect retaliation, consult an employment attorney early to understand your rights and next steps.
You know you are right, and you know your legal rights
With a better understanding of your employee protections, you can feel more empowered to stand up for yourself. If you are experiencing discrimination or wrongdoing, there are legal actions you can take with the guidance of an attorney to protect your career.