To prove retaliation under California labor law, employees must demonstrate a clear connection between their protected activity and the adverse action taken by their employer. While retaliation can be subtle, there are key elements and types of evidence that help support a successful claim.

Elements Required to Prove Retaliation

California courts typically require proof of the following three elements to establish a retaliation claim:

• Protected Activity: The employee engaged in an activity protected by law, such as reporting harassment, filing a wage claim, or requesting reasonable accommodation.
• Adverse Employment Action: The employer took negative action against the employee, such as termination, demotion, reduced hours, or unfavorable changes in working conditions.
• Causal Connection: There is a link between the protected activity and the employer’s adverse action.

Types of Evidence That Can Help

• Timing: The closer the adverse action follows the protected activity, the stronger the inference of retaliation.
• Direct Evidence: Emails, texts, or statements showing a supervisor’s hostility toward the protected activity.
• Performance History: Positive performance reviews or promotions prior to the retaliation can help show the adverse action was unjustified.
• Policy Violations: Evidence that your employer deviated from standard procedures or treated you differently than others in similar roles.
• Witness Testimony: Coworkers or managers who can testify to your treatment after the protected activity.

What Does Not Qualify as Retaliation?

Not all negative experiences at work amount to retaliation. To qualify, the adverse action must be significant enough to impact your job or career. Minor slights, unpleasant interactions, or isolated disciplinary actions without a connection to protected activity usually do not meet the legal standard.

What to Do If You Suspect Retaliation

• Keep detailed notes of conversations, actions, and changes in treatment.
• Collect documentation such as performance reviews, emails, or disciplinary notices.
• Report your concerns internally, such as to human resources.
• File a complaint with the California Civil Rights Department or appropriate state agency.
• Consult an employment attorney to evaluate your legal options.

Contact a Retaliation Attorney in California

If you’ve been punished for asserting your rights at work, you may have a valid retaliation claim. At California Labor Law Employment Attorneys Group, we specialize in protecting employee rights. Contact us for a free consultation. We work on a contingency basis—there are no legal fees unless we win your case.