When you report a workplace injury in California, the law protects you from retaliation. However, many employees fail to recognize the signs that their employer may be retaliating. These signs are often subtle and can impact your work environment, mental health, and even your ability to continue receiving workers’ compensation benefits. Understanding retaliation is critical to ensure your rights are upheld, and you can take the necessary actions to protect yourself. The Myers Law Group has extensive experience helping California workers who have experienced retaliation after filing workers’ compensation claims or reporting injuries.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What is Workplace Retaliation? 
Workplace retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. In California, one of the most common protected activities is filing a workers’ compensation claim after sustaining a workplace injury. Retaliation can take many forms, including firing, demoting, or harassing the employee. The retaliation may be direct, such as terminating your employment, or indirect, like a sudden decrease in work assignments or responsibilities.
California’s labor laws, including the California Fair Employment and Housing Act (FEHA) and California Labor Code 132a, make it clear that retaliation for reporting a workplace injury is illegal. These laws provide robust protections for employees, but retaliation can still occur, often in ways that are difficult to notice. If retaliation goes unnoticed, it may affect the injured employee’s mental and emotional well-being, leading to additional workplace stress.
Subtle Signs of Retaliation Employers Hope You Miss
After reporting a workplace injury, you may begin to notice subtle signs of retaliation. These actions may not be as overt as termination, but they can be just as harmful to your career and your recovery. Recognizing these signs early is crucial to protect your rights. Here are some of the common signs of retaliation that employers may hope you miss:
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Increased Scrutiny of Your Performance
One of the first signs of retaliation can be a sudden and unwarranted increase in scrutiny over your job performance. Your employer may begin to closely monitor your work, often with a critical eye. This can include frequent performance reviews, unannounced inspections, or micro-managing your tasks. These actions often come without a clear reason and can lead to unnecessary stress and anxiety. Employers might hope that the employee doesn’t recognize this as a form of retaliation, but it’s important to document any instances where the scrutiny seems excessive.
Changes in Job Assignments or Responsibilities
Employers may also retaliate by altering your job responsibilities after you report an injury. This could include removing you from key projects or giving you less important work, even though you previously performed well. In some cases, you may be given tasks that are physically demanding and exacerbate your injury, making it difficult for you to perform at your best. These changes can feel like a demotion, even if your title remains the same. While this form of retaliation can be subtle, it can severely impact your morale and hinder your career advancement.
Disciplinary Action Without Cause
Employers may issue unfair warnings, reprimands, or write-ups after you report an injury. Often, these disciplinary actions are vague or not related to your work performance. Employers may cite minor or fabricated issues as reasons for the disciplinary actions, with the goal of punishing you for filing a workers’ compensation claim or reporting an injury. If you start receiving warnings or performance write-ups that don’t align with your typical work behavior, it could be a sign of retaliation.
Results
Exclusion from Work Meetings or Opportunities
After you report a workplace injury, you might find yourself being excluded from important meetings, training, or work-related events. Employers may not give you the same opportunities for professional development that you had previously, potentially hurting your career growth. You may also be left out of discussions regarding new projects or promotions. Being excluded in this way can make it difficult for you to continue contributing to the organization, and it might be a tactic to isolate you in retaliation for your claim.
Unfair Scheduling or Reduced Hours
In retaliation, an employer may also change your work schedule, reduce your hours, or force you to take inconvenient shifts. If you previously had a consistent schedule, and suddenly find yourself working odd hours or facing a decrease in shifts, it’s worth considering if this could be related to your workers’ compensation claim. Employers may try to push employees out by reducing their work hours or making their schedule harder to manage.
Hostile Work Environment
If an employer or coworkers create a hostile work environment after you report an injury, this can be a form of retaliation. This could involve increased harassment, bullying, or discriminatory behavior aimed at making you feel uncomfortable or unwanted in the workplace. Such actions are illegal under California law and can be grounds for a retaliation claim. If you experience a sudden shift in how you’re treated by coworkers or management, it’s important to address it quickly to protect your rights.
What Are Your Legal Rights in California?
California law offers strong protection for employees who report workplace injuries. Under the California Labor Code Section 132a, employers are prohibited from firing, demoting, or retaliating against an employee for filing a workers’ compensation claim. These laws ensure that workers who report injuries are entitled to the same rights and protections as any other employee, without fear of retaliation.
If you believe that you are being retaliated against, it’s important to take action immediately. Below are a few steps you can take to protect yourself and assert your rights:
- File a Complaint with the Division of Labor Standards Enforcement (DLSE)
The DLSE is responsible for investigating retaliation claims under the Labor Code. If you believe that your employer has retaliated against you, you can file a complaint with the DLSE, which may lead to a formal investigation. - Consult with an Employment Attorney
Retaliation claims can be complex and may require legal guidance to navigate effectively. Consulting with an experienced employment lawyer can help you understand your legal options and develop a strategy for responding to retaliation. Attorneys who specialize in workplace retaliation cases can provide invaluable assistance in ensuring that your rights are protected. - Document Everything
One of the most important steps you can take is to document any incidents of retaliation you experience. This includes emails, memos, performance reviews, and notes from meetings where you were excluded or reprimanded. The more evidence you have, the stronger your case will be.
How to Respond to Retaliation: Protecting Your Rights
If you are experiencing retaliation, it’s important to respond promptly and effectively to ensure your rights are protected:
- Report the Retaliation Internally
Many companies have internal grievance procedures for handling retaliation claims. If your employer has such a procedure, make sure to report the retaliation as soon as you notice it. This provides a formal record of your complaint and may help resolve the issue internally. - Seek Legal Assistance
An experienced employment attorney can help you assess whether the actions you’re facing are indeed retaliation and advise you on the best course of action. Attorneys can also help you file a claim with the appropriate state or federal agencies, ensuring that you follow all necessary procedures. - File a Workers’ Compensation Retaliation Claim
If your employer’s actions are directly related to your workers’ compensation claim, you may file a retaliation claim with the California Workers’ Compensation Appeals Board (WCAB). This board oversees retaliation cases and can provide a remedy if you are unlawfully punished for filing a claim. - Consider Alternative Dispute Resolution (ADR)
In some cases, ADR methods like mediation or arbitration may be appropriate. These methods can be faster and less expensive than going through a court trial. However, it’s important to consult with an attorney to determine if ADR is the right option for your case.
Protecting Yourself: Proactive Steps You Can Take
Although workplace retaliation is illegal, employees who report injuries should remain vigilant and proactive. Here are some steps you can take to minimize your risk:
- Be aware of your rights: Educating yourself on California’s workers’ compensation laws and retaliation protections can give you the confidence to take action if needed.
- Keep detailed records: Maintain a thorough record of all your communications with your employer, especially those related to your injury report or workers’ compensation claim. This documentation can be crucial if you need to file a retaliation claim.
- Stay professional: Continue to perform your job to the best of your ability, and avoid engaging in any behavior that could be perceived as insubordination or misconduct.
If you are facing retaliation for reporting a workplace injury, it’s essential to act swiftly to protect your rights. The Myers Law Group has a team of experienced attorneys who specialize in workplace retaliation and workers’ compensation cases in California. If you need assistance with a retaliation claim, don’t hesitate to contact us for a consultation.
