If you are working in California, there are several laws that strictly prohibit retaliation and discrimination against you in the workplace. Let’s look at some of the major laws that will protect you and potentially make your situation at work more tolerable.
- Labor Code section 96(k): This law provides the California Labor Commissioner with the power to be designated claims because of lost wages that arise from retaliation against you even though you have behaved legally not during work hours and when you were not at work. In other words, this gives you the right to file a claim after your employer has illegally retaliated against you for activity you engaged in legally outside of work.
- Labor Code section 98.6: This law protects you if you wish to file a claim or complain in writing to the Labor Commissioner. The list of potential complaints includes unpaid wages, their rights under the Labor Code or under the jurisdiction of the Industrial Welfare Commission. Some other complaints may be the right to alternative workweek choices or any other rights that are covered. Also, the employee may be entitled to up to $10,000 for each violation against the employee.
- Labor Code section 230(a), (b) and (c): These two laws prohibit the employer from retaliating against an employee for taking time away from work to serve on a jury. The responsibility of the employee is to give the employer reasonable notice before the jury duty begins. The second part of the law prohibits the employer from retaliating against the employee for taking time off to go to court after they have been a victim of a crime. The third part of the law prohibits the employer from either retaliating against or terminating the employee who has been the victim of domestic violence, sexual abuse, stalking, other physical abuse, mental abuse, or if a family member has been the victim of a crime and the employee must take time away from work to care for the family member.
- Labor Code section 6399.7: This law prohibits an employer from retaliating against an employee for complaining or testifying about noncompliance with the Hazardous Substances Information and Training Act.
- Labor Code section 6403.5: This law protects the employee if they refuse to lift, transfer or reposition a patient due to a health care worker’s concern about the patient’s or the health care worker’s safety or because the people who are doing the lifting, transferring or repositioning don’t have the proper experience to do the job.
Employers are responsible for their actions at work
The laws that were discussed here are just some of the laws that were written to protect the employee. There are many more and they cover many different scenarios and the list is comprehensive. If you have acted legally and correctly but you were punished on the job although you did the right thing, there is recourse to make it right.
If you have had such an experience at work, it might have been emotionally trying for you and for your loved ones. A great deal of stress most likely goes along with it, not to mention the financial strain that it puts on you and on your family. If your employer acted illegally, you can get the support that you deserve to turn the situation around. You can hopefully hold your employer accountable and get back what you deserve.