Our Blog

Read about legislation, cases, law news on how our
work is helping our clients.

There might be a time during your employment when you have a complaint you would like to file with your employer, or you otherwise disagree with your employer’s conduct. Too many people never bring up concerns or issues about their employment and their rights out of fear that their employer will react negatively, and it might affect their job status. However, the law in California protects employees from unlawful retaliation in certain situations.

What Constitutes Employment Retaliation?

Retaliation refers to any adverse employment action that is based on an employee exercising their legal rights. There are many actions that might constitute retaliatory action, such as:

  1. Refusing a deserved promotion
  2. Refusing a deserved pay raise
  3. Pay reduction
  4. Reduction in hours or undesirable shift assignments
  5. Undesirable transfer
  6. Demotion
  7. Reduction in duties or responsibilities
  8. Increased supervision
  9. Poor evaluations
  10. Harassment
  11. Termination

Employers generally have the right to transfer or terminate employees when they choose, as long as it is not for an unlawful reason. When such employment actions are rooted in retaliation, the employer has the right to take legal action and recovery for any harm they suffered.

Reasons for Workplace Retaliation

It can be difficult to identify when an adverse employment action is retaliatory, especially since employers will often give another false reason for the action to cover up retaliation. It is important to carefully consider what happened prior to the adverse action and whether your employer might want to retaliate against you.

Some common reasons for unlawful retaliation include the following:

  1. Complaining of sexual harassment
  2. Complaining of unlawful employment discrimination
  3. Participating in an investigation regarding harassment or discrimination
  4. Complaining of unpaid wages or overtime
  5. Complaining of health and safety hazards
  6. Requesting valid family and medical leave
  7. Making a good faith workers’ compensation claim
  8. Participating in collective bargaining activities
  9. Reporting unlawful conduct by your employer
  10. Refusing to participate in unlawful or unethical conduct
  11. Taking time to vote or serve on jury duty

If any of the above happened and you were fired, demoted, or otherwise suffered negative consequences from your employer, you might have been the victim of unlawful retaliation.

You should not wait to contact an experienced employment lawyer in California to discuss a possible case. Employment laws give you the right to seek legal relief, which might include reinstatement to your job or a previous position, lost income if you were fired or demoted, and more. Retaliation claims are complicated, however, so you want to have the right employment attorney on your side.

Consult with a California Employment Law Attorney for Help Today

No employee should have to tolerate wrongful treatment because they are afraid of losing their jobs. Even though the law prohibits retaliation by an employer, many employers fail to comply with the law. At Mara Law Firm, we are committed to protecting the rights of employees who suffered unlawful discrimination, termination, or retaliation. Call us at 619-762-2949 or contact us online so we can evaluate what happened and the best course of action. Call our California employment law attorneys to discuss your options.

Share here...

FREE CASE REVIEWRequest Consultation

Fill out the form 24/7 and our legal team will immediately reach out to you about your situation


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

  • I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I f...

    Mara Law Firm ClientSan Francisco

  • He represented me and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

    ScottSan Francisco

  • I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

    Mara Law Firm ClientSan Francisco

  • Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

    AlbertSan Francisco

  • I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. Sh...

    Jerome HarrisSan Francisco

  • Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and his associates to my friends, family, and others needing an attorney who specializes in ...

    Sally A ChandSan Francisco

  • Dave Mara did an outstanding job on my DBA case. Dave, I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured overseas contractors.

    Jim Joned San Francisco

  • Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly re...

    DebSan Francisco

  • Dave Mara comes with a very high recommendation. He took a workmans compensation case for me and really handled it well. It was an unclear case and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight (I was the victim of...

    Linda DSan Francisco

View All Testimonials

Request your confidential & free case consultation

If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.

all fields are required*