While this sounds too blatantly illegal to be true, it happens more often than you’d expect—a worker brings up concerns about racial discrimination or unequal pay. Shortly afterwards, they are terminated. Sure, the company has a reason that seems valid, but everyone knows what really happened. When this occurs, it raises questions about whether terminations are about performance or retaliation. This is where working with a Pasadena racial discrimination attorney can be very helpful.
The team at Riggins Law, PC fights aggressively for the rights of California workers. California law is clear about the protections that California workers enjoy, but there’s no shortage of companies that violate those laws. Attorney Christa Riggins has litigated numerous employment disputes, resulting in millions of dollars for her clients. Find out how our racial discrimination law firm can help by calling us at 626-365-1599.
What the Law Covers: Protected Complaints
Employees in Pasadena and throughout the entire state are protected when they participate in investigations and report unlawful conduct. This includes complaints made about racial discrimination, unequal pay for substantially similar work, bias in the workplace, or workplace harassment. These rights are enshrined in the California Fair Employment and Housing Act, as well as the California Equal Pay Act.
Complaints do not have to be formal to be protected. An employee who just brings their concerns to their supervisor or HR department is just as protected as an employee who goes through an official complaint with the necessary state agency. It doesn’t matter if the investigation into the complaint does not uncover any wrongdoing; as long as the complaint was made in good faith, it is protected.
What Qualifies as Retaliation
While we’re discussing termination right now, it’s important to note that racial discrimination lawyers help with other forms of retaliation as well. Many employers jump right to terminating employees they view as “troublemakers,” but others may be more subtle. They may:
- Demote or reduce hours for the targeted individual
- Cut pay or pass them over for promotions or important projects
- Give unfounded negative performance reviews
- Isolate them from other team members
The timing of these actions is important. Negative actions that come shortly after a complaint may indicate retaliation.
When Termination is Considered Wrongful
Not all terminations after complaints are illegal. If an employee makes a complaint and then makes a mistake that warrants termination, the termination may be entirely legal—even if the timing looks suspicious. To prove wrongful termination, a racial discrimination lawyer may look at several elements:
- Employee engaged in protected activity
- Employer took an adverse action against them
- There is a connection between the two actions
Employers often claim that termination or other adverse actions are the result of poor performance or company restructuring. At that point, your attorney will take steps to demonstrate that the excuse given is just a convenient cover for their retaliation.
Considerations for Equal Pay Complaints
California specifically protects employees who have concerns about unequal pay. Per the California Equal Pay Act, employers cannot pay employees differently based on race, sex, and other protected characteristics if their work is substantially similar.
Additionally, employees are typically allowed to discuss wages with coworkers, which is how these discrepancies are often uncovered. While there are exceptions—for example, employees whose jobs give them access to other employees’ compensation information may not be allowed to discuss this freely—most people can discuss their pay. A company policy cannot override federal law.
Note that this is similar to complaints about racial discrimination in one important way. You may make a complaint about unequal pay concerns, only for the investigation to prove that there are no issues with unequal pay. This still does not give the company the right to retaliate against you. As long as your complaint was made honestly and in good faith, you are still legally protected.
Discuss Your Concerns With a Racial Discrimination Attorney in California Now
The team at Riggins Law, PC knows how overwhelming it can be to call attention to inequality and mistreatment in the workplace. If your complaints have led to retaliation, let’s talk. Call our racial discrimination law firm at 626-365-1599 or contact us online now.
