You reported harassment at work. Shortly after, your contract wasn’t renewed. You weren’t formally terminated; there was no dramatic confrontation, and your employer didn’t say anything about your harassment complaint—although your non-renewal would not constitute wrongful termination, it could still be illegal. Under California law, non-renewal may qualify as unlawful retaliation.
At Riggins Law, we represent employees who have faced retaliation for doing the right thing. Attorney Christa Riggins is well-versed in California employment law and has spent years holding employers accountable. If you believe you have been retaliated against, call our Pasadena office at 626-365-1599 to schedule a free consultation.
What Is Retaliation Under California Law?
Retaliation happens when an employer takes an adverse or negative employment action against an employee because they participated in a “protected activity.” Termination is the most common adverse employment action, but any employment decision that “materially affects the terms, conditions, or privileges of employment” meets the definition. Common examples include demotion, failure to promote, and reduction in hours or pay.
The California Fair Employment and Housing Act (FEHA) establishes three main categories of protected activities: (1) opposition to unlawful practices, (2) participation in legal proceedings under the FEHA, and (3) requesting reasonable accommodations. Here are some real-life examples:
- Opposition to Unlawful Practices – An employee who complains or refuses to participate in unlawful conduct has engaged in protected activity. This may include reporting discrimination or harassment to human resources, refusing to engage in discriminatory conduct in the workplace (for example, refusing to screen job applicants based on age, marital status, or gender), or advocating for a coworker who is being sexually harassed at work.
- Participating In Legal Proceedings – An employee who files a formal complaint with the California Civil Rights Department, testifies honestly in a co-worker’s discrimination lawsuit, or produces documents in response to a subpoena in a FEHA-related case involving their employer, will have engaged in protected activity.
- Requesting Reasonable Accommodations – An employee who requests accommodations for a disability will have engaged in protected activity. This could include requesting modified job duties, a flexible schedule, assistive technology, a remote work arrangement, or a leave of absence for surgery, treatment, or recovery.
Employers are legally prohibited from punishing employees for taking part in any of these actions. As mentioned, retaliation can take many forms and is not always an outright termination. Employees who believe they have been retaliated against should contact an employment lawyer today.
Is Non-Renewal an Adverse Employment Action?
Yes. California courts have recognized that retaliation actions under FEHA include “a refusal to hire or employ.” (Kelley v. The Conco Companies (2011) 196 Cal.App.4th 191). And the courts have recognized examples of adverse employment actions to include “discharge, demotions, refusal to hire, nonrenewal of contracts, and failure to promote.” (Wilson v. Murillo (2008) 163 Cal.App.4th 1124, 1135, italics added.)
Employers may assume they have full freedom to refuse to renew a contract for any reason, without providing cause. While they do have flexibility in this area, they cannot base their decision not to renew on an employee’s protected activities. A Pasadena retaliation lawyer will look at a variety of evidence to determine the employer’s true reasons for not renewing an employee’s contract.
Key Signs of Unlawful Retaliation
If your employment contract was not renewed after you reported unlawful conduct, such as harassment or discrimination, an employment attorney can help you identify signs that point to retaliation:
- Changes in performance feedback: Before the harassment report, you had solid performance reports. After the report, your manager has consistently criticized your work.
- Timing: If the non-renewal occurs shortly after your report, that timing raises legal concerns. Timing on its own isn’t enough to prove retaliation, but it can support your claim.
- Inconsistent explanations: Your manager initially tells you that your contract is not being renewed because your performance fluctuated. Then they say it’s because of a slowdown in client work. Then it’s because you don’t have enough seniority. When there’s no clear and consistent answer, the employer may be trying to hide the true reason.
- Being isolated before the official decision: After your complaint, but before your contract wasn’t renewed, did your employer start leaving you out of meetings, excluding you from project-related emails, or giving you fewer responsibilities? This may indicate a pattern of retaliation.
- Different treatment than employees in similar situations received: If your performance was similar to others whose contracts were renewed, your harassment report may be the reason for your non-renewal.
Evidence That Proves Retaliation
While employers may cite budget cuts, performance concerns, and organizational restructuring to justify a non-renewal, those explanations aren’t always honest. Establishing the real reason for a non-renewal requires a variety of evidence, and securing these documents early is essential. Valuable evidence may include:
- Written communications relating to your complaint or accommodation request
- Written communications about the reasons for your non-renewal
- Copies of performance reviews before and after your complaint
- Evidence of other employees with similar performance having their contracts renewed
- Documents showing you were left out of important communication, excluded from projects, or otherwise isolated at work
Employers rarely state outright that a contract was not renewed because of a protected activity. It’s far more common to need to piece together proof of retaliation with various forms of evidence.
Protect Your Rights as a California Worker
If you’ve been left without a job after reporting harassment/discrimination at work, opposing unlawful conduct, or requesting a reasonable accommodation, you have legal options—and we’re here to help you explore them. Call us at 626-365-1599 or reach out online to schedule a time to meet with our team now.
