Employees who report unfair or illegal workplace behavior deserve our admiration. It takes courage to speak up for what’s right—especially when your livelihood could be on the line. Unfortunately, many employees who report workplace wrongdoing often suffer unpleasant and even devastating consequences for their actions. When employers punish workers for reporting wrongdoing, it’s not just unfair—it’s illegal. A San Diego retaliation attorney can help you understand your rights and take legal action to hold your employer accountable.

If this happens to you, you should immediately contact a qualified employment retaliation attorney. 

At the Law Office of John Dalton, we help employees who’ve faced illegal retaliation hold their employers accountable for violating their rights under California law. Attorney John Dalton has been one of the top San Diego retaliation lawyers for the past few decades. To learn more about how he can help you, contact our office for a free and confidential case evaluation.

What Is Employer Retaliation?

Retaliation happens when an employer punishes an employee for speaking up about certain types of workplace wrongdoing.

California law protects employees who report or complain about:

  • Sexual and other illegal workplace harassment,
  • Employment discrimination,
  • Unsafe working conditions,
  • Wage theft and unpaid overtime,
  • Illegal workplace activity, and
  • Any other violations of employee rights.

State anti-retaliation law also protects employees who participate in an investigation into any of these matters. 

It’s illegal for your employer to retaliate against you for engaging in one of these protected activities. These protections apply to employees who make internal complaints to a manager or HR and those who report wrongdoing to an external state or federal authority, e.g., the Civil Rights Department of California or the  Equal Employment Opportunity Commission (EEOC).

Employees don’t have to prove that the wrongdoing they’re reporting is true or illegal to receive these retaliation protections. They receive protection under the law as long as they reasonably believe that misconduct is happening when they make their complaint. 

What Does Retaliation Look Like in the Workplace?

Employer retaliation can take many different forms, some of which are obvious and other forms can be far less obvious. Dismissal is the most extreme and obvious form of employer retaliation. However, California law protects whistleblowing employees from all punitive acts at the hands of an employer. 

Some common forms of employer retaliation include:

  • Harassment or verbal abuse,
  • Negative performance evaluations,
  • Removal of responsibilities;
  • Demotion or withholding promotion,
  • Pay and hour cuts,
  • Termination,
  • Unfavorable shift changes, and 
  • Threats and intimidating behavior.

If you experience any of this after reporting misconduct or participating in a workplace investigation, that’s a red flag pointing to potential retaliation. 

What Should I Do About Workplace Retaliation?

Employees who are targeted at work often feel isolated and powerless. Here are some important steps to take to protect yourself and get help when facing workplace retaliation.

Contact Us Immediately

Consulting with an employment attorney is the number one way to protect your rights as an employee. If you’re concerned about an incident at work, contact us as soon as possible. We can assess the situation, answer your questions, and help you avoid common pitfalls that can harm your case. 

Don’t Ignore It

Know your rights, and trust your instincts. Don’t brush it off if you’re being reprimanded or treated poorly for reasons unrelated to your job performance. Just as you’re entitled to a fair wage and safe working conditions, you can hold your employer legally accountable for engaging in illegal retaliation. No employer, no matter how large, is outside the law. 

Make a Record 

Documenting illegal retaliation is crucial for getting the justice you deserve. Keep a paper trail of all documents and communications relevant to your situation. The documentation can include records of your complaint, emails from your employer, and past performance reviews. Write down any incidents of retaliating behavior you experience, along with the names of any witnesses. 

Don’t Wait to Get Help

Timing is critical in retaliation cases. Proving retaliation requires having a timeline of evidence linking your protected activity to your employer’s punishment. Waiting too long to seek help risks the loss of crucial documents and physical evidence. Additionally, employees who experience retaliation have limited time to assert their rights through legal action. California employment law has several deadlines for bringing retaliation claims—if time runs out before you file your claim, you lose your chance to seek compensation for your employer’s wrongdoing. 

How Can an Attorney Help Me? 

Having the support of a legal professional is essential for employees facing employer retaliation. Even if you’re unsure whether your case qualifies as illegal retaliation, consulting with an employment attorney is best. An experienced retaliation lawyer can evaluate your situation and help you understand your legal rights. If you pursue legal action, an attorney can also provide valuable support at each step of the way, including:

  • Gathering circumstantial evidence of your employer’s retaliation;
  • Conducting interviews with witnesses who can support your claim;
  • Building a compelling legal argument;
  • Handling communication with your employer and legal counsel; and 
  • Negotiating to ensure you recover the maximum amount of compensation possible.

A lawyer experienced with retaliation claims understands how to build a strategic case against your employer and is prepared to fight for you to achieve the best outcome possible. With the support of a skilled retaliation attorney, employees can recover financial compensation, back pay, denied benefits, and emotional distress. 

John Dalton: Legal Advocacy with Empathy and Expertise

At the Law Office of John Dalton, we understand that retaliation isn’t just a violation of your rights—it’s also a violation of trust. That’s why if you’re looking for a San Diego retaliation attorney, you must not settle for just any legal representation. John Dalton has dedicated his career to advocating on behalf of California employees. His client-centered advocacy has helped workers recover thousands of dollars in compensation for employer mistreatment. Contact our office today to schedule your free case evaluation.