California has many robust and unique employment statutes. Workers throughout the state benefit from rules that are much more extensive and protective than federal standards and rules in other jurisdictions.
All professionals have baseline protection from employer retaliation when they report misconduct or unsafe work conditions. Professionals in California have protection from retaliation in a much broader range of scenarios than professionals in other states, including the three challenging situations briefly explained below.
1. Serving on jury duty
Jury duty for a trial could result in days or weeks of missed work. Employers sometimes try to pressure workers into avoiding their civic duty by lying to get out of jury duty.
They may punish those who do their civic duty if selected for a jury. State law prohibits penalizing those who serve on juries.
2. Addressing domestic violence
Victims of domestic violence often have to make abrupt changes. They move house unexpectedly or end up in the hospital because of a violent incident.
State law protects the rights of those who experienced domestic violence to seek medical care, legal support and counseling. Employers should not retaliate against workers dealing with the aftermath of domestic violence.
3. Disclosing work conditions
Employees generally have protection from retaliation when they inform management or regulatory authorities of safety concerns. Anti-retaliation laws in California expand on that by making any disclosure of problematic work conditions a protected activity. Employers should not punish workers for talking with journalists or sharing information about safety concerns related to their employment.
Those who have experienced unfair workplace retaliation may have grounds to take legal action. Filing a lawsuit may lead to reinstatement after a job loss or to financial compensation for the impact of a retaliatory firing.