You report harassment. Suddenly, your schedule changes, your workload doubles, and your manager’s tone hardens. Weeks later, your employer writes you up for the first time in years. This is what retaliation in the workplace looks like: punishment tied not to performance, but to the courage it takes to speak up.
Retaliation is illegal under both California and federal law, yet it remains one of the most common types of employment disputes. Understanding how retaliation appears and what qualifies under the law helps employees protect themselves. At King & Siegel LLP, our workplace retaliation lawyers exclusively represent workers. We understand the tactics employers use to disguise retaliation and know how to build strong cases that expose those patterns. If you suspect retaliation, we can evaluate your situation and, if necessary, take decisive steps to hold your employer accountable.
What Is Retaliation in the Workplace?
Retaliation happens when an employer punishes an employee for exercising legal rights. Under the California Fair Employment and Housing Act (FEHA) and federal laws, such as Title VII of the Civil Rights Act of 1964, retaliation includes any adverse action that would dissuade a reasonable worker from complaining about discrimination, harassment, or unsafe working conditions.
Importantly, retaliation does not always involve termination. Demotions, reduced hours, hostile assignments, or exclusion from training may also qualify as retaliatory behavior. What matters is the connection between your protected activity, such as reporting misconduct or requesting leave, and your employer’s adverse action.
What Are Common Examples of Bullying and Retaliation in the Workplace?
Employees often wonder whether unfair treatment at work is a product of bad management or something more. These examples help show the difference:
- Termination after filing a complaint. The clearest form of retaliation is firing soon after reporting discrimination or harassment. Retaliation attorneys can help highlight the timing and contrast it with prior performance.
- Demotion or loss of hours. Employers sometimes reduce pay or responsibilities instead of firing outright. A lawyer can gather evidence to demonstrate the connection between the complaint and the downgrade.
- Hostile assignments or isolation. Reassigning workers to less desirable shifts, assigning them to dangerous tasks, or excluding them from meetings are also signs of retaliation.
- Negative performance reviews. Sudden poor evaluations after years of positive reviews raise suspicion and can be used to point to potential retaliation.
- Bullying through ridicule or exclusion. After raising concerns, employees may become targets of jokes, humiliation, or social exclusion in the workplace. An attorney knows how to connect these tactics to protected activity, showing that the bullying is part of retaliation.
- Micromanagement or impossible standards. Employers may suddenly enforce unrealistic performance metrics or subject an employee to constant surveillance after they file a complaint.
- Overlooked promotions or training opportunities. Workers who speak out may be quietly denied advancement or excluded from skill-building opportunities. Legal counsel can compare records of eligibility and qualifications to prove the exclusion was retaliatory.
These examples demonstrate why retaliation is broader than firings alone: It includes any action designed to silence or punish employees, whether through direct retaliation or subtle bullying tactics.
How Do I Prove Workplace Retaliation?
Proving retaliation and bullying in the workplace requires more than intuition. Courts look for evidence that shows a link between the employee’s protected activity and the employer’s adverse action.
To prove workplace retaliation, you need evidence illustrating:
- Your protected activity—for example, documentation of a complaint, request for medical leave, report of unsafe conditions, or your support for another employee’s discrimination claim;
- An employer’s adverse action—such as termination, demotion, pay cuts, or hostile reassignment; and
- A causal link—evidence connecting the two, often through timing, written communications, or inconsistencies in the employer’s explanation.
This is where legal support can be crucial. An experienced employment lawyer from King & Siegel understands how to gather the evidence needed to make a case for an employer’s retaliatory intent.
If you recognize these subtle patterns in your own workplace, do not dismiss them. We can assess whether those actions constitute retaliation and assist you in taking steps to protect your rights.
What Steps Should I Take If I Suspect Workplace Retaliation?
If you believe your employer is retaliating against you, move quickly. Deadlines for filing claims can be short, sometimes as little as one year. Here are some practical steps to focus on:
- Document everything. Keep emails, texts, schedules, and notes about conversations. Create a timeline of events.
- Report internally when possible. If you feel safe doing so, use HR channels or written complaints so there is a record.
- File with agencies. For discrimination or harassment retaliation, you can file a complaint with the California Civil Rights Department (CRD) or the EEOC. For wage or safety complaints, the Labor Commissioner may be appropriate.
- Consult an attorney. Employment lawyers know how to evaluate evidence, handle agency filings, and pursue damages in court.
Because retaliation can escalate quickly, acting early and working with a skilled attorney helps preserve evidence and strengthen a case.
How Can King & Siegel LLP Help Me?
At King & Siegel, we help employees recognize, prove, and fight retaliation. Our attorneys:
- Review timelines and records to identify retaliation patterns;
- File complaints with the appropriate agencies and secure right-to-sue letters;
- Collect and present evidence linking the retaliation to the protected activity;
- Negotiate settlements or pursue trial when employers refuse to resolve matters fairly; and
- Provide accessible support, including Spanish-speaking staff, to serve California’s diverse workforce.
Julian Burns King, a Harvard Law graduate, has helped clients recover more than $750 million in high-stakes litigation. Along with her colleagues, she has secured tens of millions for California workers in less than six years. Recognized as Super Lawyers Rising Stars and boasting a 10.0 Avvo rating, King & Siegel attorneys combine elite training with a singular focus: fighting for employees’ rights.
Fight Retaliation with King & Siegel LLP
If you believe you are experiencing retaliation in the workplace, do not wait. Evidence can vanish quickly, and filing deadlines are strict. Whether you faced termination, demotion, or more subtle forms of punishment, your story may qualify as retaliation under California law.
At King & Siegel, we offer free, 30-minute consultations to evaluate your case. Our attorneys employ proactive strategies to minimize the stress of litigation while pursuing meaningful results. Call today to schedule your consultation and put experienced employee advocates on your side.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.