Modesto Retaliation Defense Attorneys

Though California is an “at-will” employment state, your business cannot terminate employees on certain grounds. Employers cannot fire or take adverse action because an employee participated in a “protected activity.”

Examples of protected activities include:

• Complaining about discrimination, harassment, unpaid wages, working conditions, terms of employment, or any possibly unlawful conduct
• Refusing to complete a task that an employee believes is discriminatory, unsafe, or unlawful
• Participating in an employer’s or government agency’s investigation
• Participating in a lawsuit involving your company
• Requesting reasonable accommodations for disabilities or religious beliefs
• Requesting or taking protected leave

Whenever an employee engages in one of these protected activities, your business may be vulnerable to a retaliation claim if you take adverse action against the protected employee. This is not to say that you are prohibited from taking an adverse action if there is justification to do so. However, the protected employee will likely believe they are being unfairly punished and may pursue a retaliation claim, even if the complaint is unfounded. 

Examples of adverse actions include:

• Terminating an employee
• Demoting an employee
• Reducing an employee’s pay
• Relocating an employee to a less convenient location
• Giving an employee less-desirable tasks or hours
• Giving an employee an unjustified performance review
• Isolating an employee
• Hostile behavior directed toward an employee

A business’s conduct may be considered retaliatory even if it was not intended to harm an employee. For example, if an employee complains their supervisor is discriminating against them, a business might transfer the employee to another location. Though the intent was to protect the employee from further discrimination, the employee may file a retaliation complaint if they did not want to be transferred and preferred their original location.

Your company’s employee handbook should ideally include a policy that forbids retaliation. If an employee does make a complaint or participates in any other protected activity, reaffirm your commitment against retaliation but be extremely cautious when taking any adverse action against the employee. 

Remember, you can lawfully fire or demote an employee if you have a separate, defensible reason for doing so. However, it is in your best interest to get legal advice from our Modesto retaliation defense attorneys before moving forward. We will carefully evaluate the situation and advise whether taking your preferred course of action exposes your company to liability.