Retaliation: How to Fight Back

Were you fired, demoted, or penalized for complaining about harassment or discrimination in the workplace?

Retaliatory acts at the workplace could be the offshoot of an employee’s action such as when he had filed a complained against a colleague or a superior.

Under the law, retaliation occurs when “an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity”.

Retaliation is often a consequence of the following actions:

• When an employee files a complaint for harassment or discrimination
• When an employee files a whistleblower report
• When an employee reports an employer for violating a public policy
• When a worker reports about an employer’s illegal activities

Hence both state and federal laws prohibit retaliation in any aspects of employment, which involves hiring, firing, pay, job assignments, layoff, training, fringe benefits, promotions and all other terms or conditions of employment.

Retaliation may come in overt or subtle but deliberate acts, which are also known as adverse actions. Some common retaliatory acts may include the following:

• Demotion
• Bypass in promotion
• Retaliatory discharge
• Bypass in pay or fringe benefits
• Unreasonable suspension or disciplinary action

Under the law, any employee who has been victim of workplace retaliation can file a complaint with the labor commissioner. In California, for instance, a worker or employee has the right to speak to a representative of the California Labor Commissioner or any other government or law enforcement agency for any complaints regarding working conditions in the workplace.

A complaint alleging retaliations in violation of laws within the jurisdiction of the labor commissioner must be filed within six (6) months after the occurrence of the alleged act.

To file a complaint, an employee or worker must first download and print the Retaliation Complaint Form 205 from the website of California’s Department of Industrial Relations.

All information must be properly provided on the complaint form, to be signed by the complainant with the date that it was accomplished. In addition to this, copies of supporting documents must also be attached to the form.

However, the complaint form must not be filed electronically or sent by fax. The signed complaint must be mailed to the address: Division of Labor Standards Enforcement, Retaliation Complaint Investigation Unit, 2031 Howe Avenue, Ste. 100, Sacramento, CA 95825.

Filing a claim against retaliation in the workplace must not be delayed. To help you file a complaint and pursue your claim, you can seek the assistance of an experienced employment attorney.