Retaliation is illegal under both California and federal law, yet it remains one of the most common forms of workplace misconduct. Understanding why employers retaliate can help employees recognize the warning signs and take steps to protect their rights.
Fear of Exposure or Liability
Many employers retaliate because they fear legal or financial consequences. When an employee reports harassment, wage theft, discrimination, or safety violations, the employer may feel exposed. Rather than address the issue, some employers try to silence the employee or discourage further complaints by creating a hostile environment, demoting them, or even wrongfully terminating their employment.
Desire to Maintain Control
When an employee speaks up about unlawful or unethical behavior, the employer may perceive it as insubordination or defiance. Retaliation becomes a tool to reassert control and discourage others from coming forward. This dynamic is especially common in workplaces where leadership lacks proper training in employee rights or accountability.
Lack of Understanding of the Law
In some cases, employers retaliate out of ignorance. They may not realize that actions like changing schedules, removing responsibilities, or giving poor performance reviews after a complaint can qualify as unlawful retaliation. However, intent is not required to prove retaliation—what matters is the connection between the protected activity and the adverse action.
Misguided Loyalty to Other Employees
Retaliation can also stem from internal politics. For example, if an employee reports a popular manager or long-term coworker, leadership may try to protect the accused by punishing the accuser.
Financial Motivation
In some cases, employers retaliate to avoid financial losses. For example, accommodating a disability or granting protected leave under the Family and Medical Leave Act (FMLA) may increase short-term costs.
How to Prevent Retaliation
While you cannot control an employer’s actions, you can take smart steps to reduce the risk of retaliation and strengthen your position if it occurs. Start by reporting workplace issues through official channels, such as HR or compliance departments, and putting your concerns in writing. Written complaints create a documented record that shows you engaged in protected activity. Keep your tone professional and focus on facts. Avoid making accusations unless you have evidence and frame your concerns as efforts to improve the workplace or ensure legal compliance.
How to React to Retaliation
If your employer retaliates against you after you engage in protected activity—such as filing a complaint, reporting harassment, or requesting medical leave—here are the steps to take:
Write Down Everything
Write down dates, actions taken against you, and who was involved.
Gather Documentation
Save any relevant emails, performance reviews, or notices of schedule or pay changes. If your duties are reduced, your title is changed, or you are excluded from meetings, note these shifts in detail.
Report the Retaliation Internally
Ideally, you would report the retaliation to a different manager or HR representative not involved in the original issue. In some cases, retaliation happens without upper management’s knowledge and can be addressed internally.
Speak to an Attorney
If internal reporting does not resolve the issue—or if you fear further retaliation—contact a Los Angeles retaliation attorney to discuss legal options.
File a Complaint
You can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). The agency will review your claim to determine if it falls within their jurisdiction. If accepted, they may investigate the allegations, attempt to resolve the issue through mediation or settlement, or, in some cases, issue a “Right to Sue” notice that allows you to pursue legal action in court.