Retaliation in the workplace is an issue many employees don’t recognize until it has already taken a toll. California employees are legally protected from retaliation, yet recognizing the subtle signs can be challenging. From receiving sudden negative reviews to being pushed out of a job, retaliation can take many forms. Understanding these red flags early and responding appropriately can help protect your rights. The Myers Law Group is here to guide you through these difficult situations and ensure that you are equipped to address retaliation before it leads to serious consequences.
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David P. Myers
Adam N. Stern
Ann Hendrix
Robert Kitson
Justin Crane
Doug Smith
Jason Hatcher
Morgan J. Good
Alvin Ferrara
Understanding Retaliation in the Workplace 
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. These activities include reporting harassment or discrimination, filing a workers’ compensation claim, or asserting rights under employment laws such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). While it is illegal for employers to retaliate against employees, these claims are often complex and can be hard to prove. Recognizing retaliation early is essential for defending your rights and ensuring that justice is served.
Red Flag #1: Unexpected Negative Performance Reviews
One of the most common and subtle signs of retaliation in the workplace is an unexpected negative performance review. You may have received positive feedback throughout your career, only to suddenly be bombarded with critiques that seem unwarranted. Retaliation is often masked in the form of reviews that are overly harsh or unjustified, making it appear as though the employee is underperforming. However, when these reviews come shortly after engaging in a protected activity, they may be an attempt to tarnish your reputation, undermine your work, or provide a basis for termination.
If your performance reviews start to reflect dissatisfaction that doesn’t align with your actual job performance or previous evaluations, you may be facing retaliation. In California, employers must ensure that any performance review is based on objective, measurable criteria, not retaliatory motives.
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Red Flag #2: Sudden Changes in Duties or Position
Another common retaliation tactic involves changing an employee’s job responsibilities or position. These changes may include reassigning the employee to a less desirable position, reducing their responsibilities, or even demoting them without clear reasons. Often, these changes are framed as business decisions, but they are in fact an attempt to punish the employee for standing up for their rights.
If the change in your role happens immediately following a complaint or the assertion of your rights, it could very well be retaliation. For instance, an employee who has been outspoken about unsafe working conditions might suddenly find themselves assigned to a less critical, less rewarding job. It’s important to recognize these shifts and document them to help prove a pattern of retaliatory behavior.
Red Flag #3: Exclusion from Important Meetings and Projects
Isolation or exclusion from important meetings or projects is a subtle but telling sign of retaliation. If you find yourself being purposely left out of key discussions, projects, or team events that you previously were involved in, this could be a form of retaliation. Often, employees who report issues such as harassment or discrimination are marginalized by their coworkers or supervisors in an attempt to push them out of the organization.
Exclusion can have a profound impact on an employee’s career progression. By being cut out of projects, an employee loses opportunities for visibility, advancement, and recognition. This can be detrimental to both their morale and their career growth. In California, such actions may constitute retaliation, especially when they come shortly after the employee asserts their legal rights.
Results
Red Flag #4: Increased Scrutiny and Unwarranted Discipline
After engaging in a protected activity, you may notice that your supervisor suddenly starts scrutinizing your every move. For example, you may find that every small mistake you make is suddenly highlighted or punished. Increased supervision or harsh disciplinary action following a complaint or report is a common sign of retaliation. This could include receiving warnings for minor infractions that were previously ignored or being reprimanded for behavior that was not problematic before.
Employers who retaliate against employees may attempt to justify their actions by claiming they are merely “holding the employee to a higher standard.” However, if this heightened scrutiny arises after a protected activity, it’s a key indicator that retaliation is taking place. If you experience this kind of unwarranted discipline or scrutiny, it is essential to keep records of each instance, as it can help support your claim if necessary.
Red Flag #5: Unexplained Pay Reductions or Denied Benefits
Retaliation can also take the form of financial penalties. A sudden, unexplained pay cut, denial of benefits, or withholding of earned bonuses could be a retaliatory act. For example, an employee who files a workers’ compensation claim or takes family medical leave might find that their pay is suddenly reduced, or that they are denied certain perks they were previously entitled to.
Retaliatory pay cuts or benefit denials can be particularly damaging, both financially and emotionally. California law protects employees from such practices, and if you find yourself in this situation, it is crucial to seek legal advice to understand your rights and options.
Red Flag #6: Harassment and Hostile Behavior from Colleagues
A hostile work environment is another form of retaliation that is often overlooked. If, after making a report or complaint, you experience increased harassment or hostility from colleagues or supervisors, this could be retaliation. Harassment can take many forms, from passive-aggressive behavior to outright bullying or derogatory comments. While not all workplace conflicts rise to the level of retaliation, an increase in hostile behavior following a protected activity is a serious concern.
Hostile actions may include gossip, public humiliation, and personal attacks that undermine the employee’s confidence and job satisfaction. These behaviors often go unreported because they are harder to prove and may seem like normal workplace dynamics. However, if they occur after a complaint or legal action, they may be part of a larger pattern of retaliation.
Red Flag #7: Forced Resignation or Constructive Discharge
Sometimes, retaliation can reach such an extreme level that the employee feels forced to resign. This is known as constructive discharge, where working conditions are made intolerable, leaving the employee with no other option but to quit. Common examples of constructive discharge include being assigned to an unreasonably difficult workload, subjected to constant criticism, or being denied essential support to perform your job.
Employees facing constructive discharge often believe they have no other choice but to leave their job to escape the abusive situation. However, under California law, constructive discharge can be considered a form of retaliation, and the employee may be entitled to damages for wrongful termination if they can prove that they were forced to resign due to illegal actions taken by the employer.
How to Protect Your Rights
If you notice any of the red flags outlined above, it’s crucial to act swiftly. Document every incident of retaliation, including dates, times, and the individuals involved. Keep a detailed record of any negative changes in your employment situation that occurred after you engaged in a protected activity. Reporting the retaliation to your employer or human resources department is an important first step, but if the retaliation persists or escalates, consulting with an experienced employment attorney is advisable.
At The Myers Law Group, we are dedicated to protecting the rights of California workers who face retaliation. If you believe that you have been retaliated against, don’t wait—contact our team today to schedule a consultation. Our experienced attorneys can guide you through the legal process, help you understand your options, and ensure that your rights are defended.