Taking time off after domestic violence, sexual assault, or stalking isn’t a luxury or something that’s “nice to have.” It’s a protected right under California law. Despite this, some Pasadena employees face subtle or overt negative consequences after using this time. Reduced hours, disciplinary actions, and even termination may follow. When that happens, it may be considered unlawful retaliation.
When you’re facing unjust or illegal treatment at work, having the right wrongful termination lawyer fighting for you is crucial. Attorney Christa Riggins at Riggins Law focuses exclusively on enforcing employee rights in the workplace and regularly handles wrongful termination claims. Call Christa today at 626-365-1599 for a free consultation.
Legal Protections for Survivors in California
California is known for being progressive in its adoption of laws protecting employee rights, and the same is true for protections for workers who have been affected by domestic violence or other similar concerns.
Specifically, California law prohibits employers with 25 or more employees from discharging or discriminating against employees who are victims of stalking, domestic violence, or sexual assault for taking time off work for specific purposes. (Labor Code § 230.1; Gov. Code § 12945.8.). These purposes include:
- Seeking medical attention for injuries
- Obtaining counseling or mental health services
- Participating in safety planning and relocation
- Attending court hearings or securing restraining orders
These laws exist because it’s clear that those facing the fallout of violence need time, flexibility, and privacy to deal with the aftermath. California employers are required to respect those needs as outlined in California law.
Notice and Documentation Requirements
Employees must provide reasonable notice of their intent to take time off work, when possible. When an absence is unscheduled, an employer cannot take a negative action against the employee if the employee provides certification within a reasonable time after the absence. Acceptable certification includes documentation from a medical professional, domestic violence advocate, advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment with for physical or mental injuries.
In other words, while employers can request documentation to prove that the time off is legally permitted, but the law strives to balance an employer’s’ need for workplace stability with the reality that emergencies don’t always allow advance planning needs for stability in the workplace with the reality that emergencies don’t always make advance planning easy for victims. Employers must also handle these issues with discretion and maintain the employee’s confidentiality.
Reasonable Safety Accommodations
In addition to leave, employers must provide reasonable accommodations to victims of domestic violence, sexual assault, or stalking who request accommodations for their safety while at work. (Labor Code § 230, subd. (f).) These reasonable accommodations may include:
- Transfers, reassignments, modified schedules
- New work phone number or workstations
- Safety adjustments to the workplace facility (e.g., installed locks)
- Assistance with documenting violence that occurs at work
As with other reasonable accommodation requests, employers must engage in a timely, good-faith conversation with the employee to determine effective accommodations. Employers must also consider exigent circumstances or the danger facing the employee when deciding whether the accommodation is reasonable.
Employment Protections Against Retaliation
California law provides explicit protections against retaliation and discrimination for employees who are victims of domestic violence, sexual assault, or stalking.
While wrongful termination is the most widely known form of retaliation, it isn’t the only one. Any adverse action taken against an employee for exercising a protected right may constitute retaliation (e.g., non-renewal of an employment contract, demotion, reduction in hours, or disciplinary action). In this context, taking time off to deal with the aftermath of domestic violence, sexual assault, or stalking, or requesting accommodations for your safety, are the protected activities in question.
Here are some common signs that an employer is retaliating:
- Discipline shortly after requesting leave or accommodations
- Attendance policies that are suddenly enforced more strictly (or only against you)
- Negative performance reviews after disclosure, when previous reviews were positive
- Unexplained changes to your role, schedule, hours, or pay
- Termination or non-renewal after disclosure or request for accommodation
If things have shifted at work since you asked for time off to deal with the aftermath of intimate violence, it may be time to reach out to a wrongful termination attorney.
Have You Been Targeted at Work? Call Our Pasadena Wrongful Termination Law Firm
Employers may go to great lengths to justify their actions. They may claim that the actions against you were due to poor performance, restructuring, business needs, or attendance issues. However, these explanations may be a cover for the real reason behind the adverse employment action. We can review the evidence and determine whether the employer’s explanation makes sense. To speak with our lawyer today, call us at 626-365-1599 or send us a quick message online.
