Unlawful Workplace Retaliation Lawyers
Unlawful Workplace Retaliation and the Scope of Employer Exposure
In simple terms, workplace retaliation occurs when an employer takes adverse action against an employee because the employee engaged in legally protected activity. In California, retaliation claims are among the most frequently asserted and most difficult employment claims to defend. They are also among the most dangerous, because retaliation liability can exist even when the underlying complaint is unfounded.
Retaliation law is not governed by a single statute. Instead, it is embedded throughout a wide range of state and federal employment laws, each with its own purpose, scope, and definition of protected activity. As a result, employers often underestimate how many routine workplace events can later be characterized as retaliation once litigation begins.
Akopyan Law Firm, A.P.C. stands ready to represent businesses confronting retaliation claims arising under California and federal law. Each attorney at Akopyan Law Firm, A.P.C. has more than 20 years of employment law experience handling complex retaliation disputes that grow out of discrimination, wage and hour, leave, whistleblower, and workplace safety issues.
Why Retaliation Claims Are So Broad
Unlike discrimination claims, retaliation claims do not require proof that the employee was correct about the underlying issue. The law focuses on the employer’s response. If an employee engages in protected activity and later experiences an adverse employment action, that sequence alone can become the basis for a retaliation claim. Protected activity varies depending on the statute involved. What qualifies as protected activity under one law may differ from another. This patchwork of retaliation protections is one of the primary reasons retaliation claims are so prevalent and so difficult to manage.
Retaliation Under Discrimination Laws
Both federal and California discrimination statutes contain broad anti-retaliation provisions. Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act prohibit retaliation against employees who participate in proceedings under those statutes or who oppose conduct made unlawful by them. Protected activity under these laws is not limited to formal complaints. Informal complaints to supervisors, internal reports, participation in investigations, or assisting another employee can all qualify. Courts have also recognized that retaliation can occur even before a formal complaint is made. Action taken against an employee in anticipation of protected opposition or participation may still be considered retaliatory. Because of this, employers may face retaliation claims based on informal conversations, internal emails, or workplace discussions that were never intended to initiate a legal complaint.
Whistleblower Retaliation Under California Law
California’s whistleblower statute provides broad protection for employees who disclose reasonably based suspicions of unlawful conduct or regulatory noncompliance. Protected disclosures may be made to government agencies, law enforcement, or internally to individuals within the organization who have authority to investigate or correct the issue. Importantly, whistleblower protection applies even if the employer was already aware of the alleged misconduct. Retaliation claims frequently arise when an employee believes they were disciplined, terminated, or marginalized after raising compliance concerns internally.
Industry-Specific Retaliation Protections
Certain industries are subject to additional retaliation statutes. For example, California law prohibits health care facilities from retaliating against employees who raise concerns about patient care, workplace conditions, or regulatory compliance, or who cooperate with investigations related to those issues. These industry-specific statutes often expand the range of protected activity and increase exposure for employers operating in regulated environments.
Labor Code Retaliation Provisions
California’s Labor Code contains numerous anti-retaliation provisions. These include protections for employees who complain about unsafe working conditions, report wage and hour violations, or assert rights related to employment standards. The Labor Code also protects employees from retaliation based on their status as victims of crime or abuse. In many cases, retaliation claims under the Labor Code are paired with statutory penalties or representative actions, significantly increasing potential liability.
Federal Retaliation Laws Beyond Discrimination
Retaliation protections also appear in several federal statutes outside traditional discrimination law. The Sarbanes-Oxley Act prohibits retaliation against employees of publicly traded companies who report conduct they reasonably believe violates securities laws or fraud statutes, or who assist in investigations. The National Labor Relations Act prohibits retaliation against employees who engage in protected concerted activity. This protection extends beyond union activity and can include employees acting together to raise concerns about wages, schedules, or working conditions.
Why Retaliation Claims Are So Difficult to Defend
Retaliation claims often rely on circumstantial evidence and timing. Plaintiffs frequently argue that close proximity between protected activity and an adverse action supports an inference of retaliation. Even when legitimate reasons exist, employers may be forced to defend those decisions through extensive discovery and testimony. Retaliation claims also tend to expand litigation. A single complaint may grow into multiple causes of action once retaliation is alleged, increasing complexity, cost, and risk. For small and mid-sized businesses, this escalation can significantly alter the posture of a case.
Representation in Retaliation Matters
Akopyan Law Firm, A.P.C. stands ready to represent businesses dealing with retaliation claims arising under California and federal law. With decades of experience per attorney, the firm understands how retaliation claims are asserted, how they evolve, and how they are evaluated by courts. The firm provides experienced representation focused on managing risk, controlling escalation, and addressing retaliation allegations in a way that aligns with business realities. To discuss a workplace retaliation issue affecting your business, contact Akopyan Law Firm, A.P.C. for a confidential consultation.
Areas Served:
The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Carlsbad, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Chula Vista, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Coronado, Covina, Culver City, Cypress, Dana Point, Del Mar, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Cajon, El Monte, El Segundo, El Sereno, Encinitas, Encino, Escondido, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Imperial Beach, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lemon Grove, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, National City, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Oceanside, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Diego, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, San Marcos, Santa Monica, Santee, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Vista, Walnut, West Covina, West Hills, West Hollywood, West Puente Valley, Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda