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RETALIATIONRED FLAGS
Best Practices to Prevent Claims
Retaliation claims remain a major workplace risk for California employers. Retaliation under state law means taking negative action against an employee for engaging in protected activity, i.e., adverse action that could discourage a reasonable person from speaking up or participating in a workplace process.
Recognize Protected Activity
Protected activity goes beyond formal complaints. Examples include:
Recognize Actions That Create RiskRetaliation claims often involve negative actions after protected activity, such as:
Document Issues in Real Time
Supervisors must document attendance, conduct, or performance issues promptly. Timely records show decisions are based on business reasons, not protected activity.
Review Discipline Carefully
Discipline soon after protected activity may appear retaliatory. For example, an employee receives a poor review after complaining about discrimination; or loses shifts after raising wage concerns. Before acting, employers must confirm facts, review documentation, and ensure consistency with past practices.
Apply Policies Consistently
If similar conduct usually results in coaching or a verbal warning, do not impose harsher discipline on an employee recently engaged in protected activity without clear, documented reasons.
Take-Aways:
When supervisors recognize protected activity, apply policies consistently, and document decisions clearly, employers reduce retaliation risk.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
April 17, 2026
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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