What Santa Monica, CA Residents Should Know About Workplace Retaliation

What Santa Monica, CA Residents Should Know About Workplace Retaliation

Workplace retaliation happens when your employer punishes you for exercising your legal rights at work, such as reporting discrimination, filing a workers' compensation claim, or refusing to engage in illegal activities. Understanding what constitutes retaliation and how to protect yourself helps ensure you can stand up for your rights without fear of punishment.

California and federal laws strictly prohibit workplace retaliation, but it still occurs more often than most employees realize. Recognizing the warning signs and knowing your options can help you take action before retaliation damages your career or financial security.

What Actions Are Protected from Retaliation?

You're protected when you report workplace discrimination, harassment, or safety violations to your employer, human resources, or government agencies. This protection extends to participating in investigations, serving as a witness, or supporting coworkers who file complaints about workplace violations.

Filing workers' compensation claims, requesting reasonable accommodations for disabilities, or taking family and medical leave also trigger retaliation protections. Your employer cannot punish you for using benefits or exercising rights that are legally guaranteed to employees.

Refusing to participate in illegal activities or discriminatory practices is another protected action. If your boss asks you to do something unlawful and you decline, any negative consequences you face for that refusal could constitute illegal retaliation.

How Do You Recognize Workplace Retaliation?

Retaliation often starts subtly with changes in how you're treated at work. You might notice suddenly receiving harsh criticism, being excluded from meetings you normally attend, or having your responsibilities reduced without explanation, especially shortly after filing a complaint or exercising your rights.

More obvious forms include demotion, pay cuts, undesirable schedule changes, or outright termination following your protected activity. Some employers may spread rumors about you, create impossible work conditions, or subject you to increased scrutiny that other employees don't face.

The timing between your protected activity and adverse treatment is crucial evidence. If negative consequences occur within days or weeks of filing a complaint or exercising your rights, this timing pattern can support a retaliation claim even if your employer claims other reasons for their actions.

What Should You Do if You Face Retaliation?

Document everything related to the retaliation, including dates, times, witnesses, and specific details about how you're being treated differently. Save emails, performance reviews, and any communications that show changes in your treatment after engaging in protected activity.

Report the retaliation to human resources or higher management if you haven't already. Put your complaint in writing and keep copies for your records. Some employers will stop retaliatory behavior once they realize their actions are being documented and reported properly.

Consider filing complaints with external agencies like the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. These agencies can investigate retaliation claims and may be able to help resolve the situation or provide additional legal protections.

Santa Monica's Progressive Workplace Culture and Retaliation Awareness

Santa Monica's reputation as a progressive, employee-friendly community means many local employers have strong policies against retaliation and emphasize creating respectful workplace environments. However, even well-intentioned employers can have managers or supervisors who engage in retaliatory behavior without proper oversight.

The city's concentration of creative industries, tech companies, and nonprofit organizations often creates workplaces where employees feel more comfortable speaking up about problems. This openness can lead to better workplace conditions, but it can also make retaliation more visible and concerning when it does occur.

Local employment patterns in Santa Monica, including high competition for desirable positions and close-knit professional networks, can make employees particularly vulnerable to retaliation. Fear of being blacklisted within industry circles sometimes prevents workers from reporting violations, but California's strong anti-retaliation laws provide protection that extends beyond any single employer or industry.

Standing up for your rights shouldn't put your job at risk. If you're experiencing workplace retaliation in Santa Monica, you don't have to face it alone. The Law Offices of Stuart H. Garrison has been protecting California workers from retaliation since 1976, providing experienced representation to employees who've been punished for doing the right thing. We understand the courage it takes to report workplace problems and we're committed to ensuring you don't suffer consequences for protecting your rights. Contact us at (310) 641-8259 to discuss your workplace retaliation situation and learn about your options for fighting back against illegal employment practices.

< Older Post

When to Call a Workers' Compensation Attorney in Culver City, CA

By The Law Offices of Stuart H. Garrison • October 8, 2025
Discover when to seek workers' compensation legal help in Culver City. Learn warning signs, attorney benefits, and how to protect your claim from insurance tactics.

Manhattan Beach, CA Resident's Guide to Workplace Rights

By The Law Offices of Stuart H. Garrison • September 24, 2025
Understand your essential workplace rights as a Manhattan Beach employee. Learn to recognize discrimination, harassment, and violations while protecting your career.

Finding Workers' Compensation Help in Torrance, CA

By The Law Offices of Stuart H. Garrison • September 24, 2025
Navigate Torrance workers' compensation claims with confidence. Learn about injury coverage, filing procedures, and when legal representation can protect your benefits.

How to Choose an Employment Lawyer in Los Angeles, CA

By The Law Offices of Stuart H. Garrison • September 24, 2025
Expert guidance on selecting the right employment attorney in Los Angeles. Learn what to look for, questions to ask, and how to protect your workplace rights effectively.

Impairment Meets or Equals Listing of Impairments for Social Security Disability Evaluation

July 23, 2025
Dec. 8, 2021 In the sequential evaluation of disability by the Social Security Administration (SSA), a major step is whether the individual has a condition that meets the twelve-month duration requirement and that is represented on the Social Security Administration's Listing of Impairments (LOI) or equal to a listed impairment. The LOI is divided into two parts. One part applies to individuals over age eighteen and one part is applicable to individuals under eighteen. The LOI includes fifteen major body categories: growth impairment, musculoskeletal system, special senses and speech, respiratory system, cardiovascular system, digestive system, genito-urinary system, hemic and lymphatic system, skin, endocrine system, multiple body systems, neurological, mental disorders, malignant neoplastic diseases, and immune system. An explanation for what is encompassed by each category is included. Within each category, impairments are given that are considered to rise to the level of "severe" such that they would prevent an individual from engaging in substantial gainful activity. A diagnosis falling within the parameters of the LOI must be established by medical evidence obtained through objective clinical and laboratory techniques. In many instances the required medical evidence is stated in the LOI. Absent appropriate medical evidence, a diagnosis of an impairment will not be found to appear on the LOI. Included with the other information present, the LOI sometimes states the symptoms usually associated with certain listed impairments. Even though an impairment is not specifically listed on the LOI, the SSA authorizes impairments that are the medical equivalent to a listed impairment. The medical evidence received to establish a medical equivalency is given varying weights based on the source of the evidence. For example, the medical opinions of state agency doctors and psychologists are accorded the weight of nonexamining doctors and psychologists. These opinions can be accorded greater weight if based on, for example, the complete case file that includes a medical report from a specialist in the individual's area of impairment. The opinion of a doctor or psychologist who has been appointed by the SSA Commissioner is given the weight of an expert opinion.

NON-EMPLOYMENT BUSINESS DISCRIMINATION/HARASSMENT ACTS AGAINST NON-EMPLOYEE OR PUBLIC

July 22, 2025
Non-employees and members of the public at large are protected against business(es) discrimination/harassment and retaliation under the California Unruh Civil Rights Act (Calif. Civil Code Section 51). Generally, the protected categories from non-employer/business misconduct include: Race; Religious Creed; Color; National Origin; Ancestry; Physical Disability; Mental Disability; Reproductive Health Decisionmaking; Medical Condition; Genetic Information; Marital Status; Sex; Gender; Gender Identity; Gender Expression; Age [over age 40]; Sexual Expression; or, Veteran or Military Status (Calif. Civil Code Sec. 51). Aggrieved complainant’s remedies include filing a civil lawsuit against the offending business(s) with a civil employment lawyer (like me) seeking back and front pay; emotional distress; reimbursement of reasonable medical treatment bills; and recovery of reasonable civil rights attorney’s fees, and costs, from the liable business(es). However, an aggrieved complainant may contact the California Civil Rights Department, the California government agency that is responsible for handling these business discrimination complaints. Its website address is: calcivilrights.ca.gov . The aggrieved complainant may file a written Complaint against the offending business(es) with the Civil Rights Dept. within 1 year of the business’ offending discriminatory act(s). (Calif. Gov’t. Code Sec.12960(e)(1).) There is no fee for filing such Complaint with the Civil Rights Dept. Since the elapse of time, many potential witnesses, and documents, necessary to assist in proving your claim(s), due to the passage, fade away. Therefore, it is best to capture this potential evidence sooner rather than later. The Civil Rights Dept’s website deserves your thorough inspection about how the Civil Rights Dept. goes about its business (which can include its limited investigative personnel conducting an investigation [with no out-of-pocket costs to you] of your Complaint.) Please contact me first to strategize and organize your employee discrimination/harassment and/or employer retaliation claims.

EMPLOYER DISCRIMINATION/HARRASSMENT or RETALIATION IN THE CALIFORNIA WORKPLACE

July 22, 2025
Employees and Job Applicants are protected against employer discrimination/harassment and retaliation under the California Fair Employment and Housing Act (Calif. Government Code Sections 12900—12999, inclusive). Protected categories from employer misconduct include: Race; Religious Creed; Color; National Origin; Ancestry; Physical Disability; Mental Disability; Reproductive Health Decisionmaking; Medical Condition; Genetic Information; Marital Status; Sex; Gender; Gender Identity; Gender Expression; Age [over age 40]; Sexual Expression; or, Veteran or Military Status (Calif. Gov’t. Code Sec. 12940(a)). Aggrieved employee’s remedies include filing a civil lawsuit against the offending employer(s) with a civil employment lawyer (like me) seeking back and front pay; emotional distress; reimbursement of reasonable medical treatment bills; and recovery of reasonable employment attorney’s fees, and costs, from the liable employer(s). However, an aggrieved employee must mandatorily contact the California Civil Rights Department, the California government agency that is responsible for handling these employer discrimination complaints. Its website address is: c alcivilrights.ca.gov . The aggrieved employee must file a written Complaint against the offending employer(s) with the Civil Rights Dept. within 3 years of the employer’s offending discriminatory act(s). (Calif. Gov’t. Code Sec.12960(c)(5).) There is no fee for filing such Complaint with the Civil Rights Dept. Since the elapse of time, many potential witnesses, and documents, necessary to assist in proving your claim(s), due to the passage, fade away. Therefore, it is best to capture this potential evidence sooner rather than later. The Civil Rights Dept’s website deserves your thorough inspection about how the Civil Rights Dept. goes about its business (which can include its limited investigative personnel conducting an investigation [with no out-of-pocket costs to you] of your Complaint.) Please contact me first to strategize and organize your employee discrimination/harassment and/or employer retaliation claims.

Supplemental Security Income for Children

July 22, 2025
Dec. 8, 2021 Children who are blind or disabled are eligible to receive Supplemental Security Income (SSI). The Social Security Administration (SSA) considers a "child" to be an unmarried individual who is under age 18 or, if under age 22, is a student who regularly attends school. A "child" cannot be the head of a household. There is no minimum age requirement; a child may be eligible for benefits from birth. A child is disabled if he has a medically determinable impairment that causes severe and marked limitations in his ability to function, which has lasted or is expected to last at least twelve months or result in death. When the child reaches age eighteen, his disability is reevaluated under the criteria for adults, i.e. whether the individual can engage in substantial gainful activity and whether his impairment has lasted or is expected to last at least twelve months or end in death. "Blindness" for purposes of SSI eligibility means that the individual has 20/200 vision or less in his better eye even with corrective eyewear. A person is also considered "blind" if he has a limited field of vision in his better eye such that he has a contraction of peripheral visual fields to ten degrees from the point of fixation or the widest diameter of his visual field subtends an angle no more than twenty degrees. Even though a child does not meet the statutory definition of blindness, he may still be eligible for benefits pursuant to a "disability." A child's SSI benefits are based on the fact that he has "limited" income and resources. For purposes of making this determination, the SSA will impute to the child a portion of the income/resources from the child's parents. The parents' income/resources are deemed to be available to the child as long as he lives with such parents and they are not, themselves, receiving SSI benefits.

Workers' Compensation Award Credit for Actual Earnings

July 22, 2025
Dec. 8, 2021 In some instances, an injured employee will return to his former position and resume making the same earnings as before the injury. When such an individual has received a workers' compensation benefit, the question arises whether the employer is entitled to a credit on the amount of benefits that were paid to the employee. If the employer paid the employee's wages, intending such wages to take the place of any benefit compensation, then the employer would be entitled to a credit. However, there is rarely direct evidence of the employer's intention in this regard. Given the usual lack of evidence on the employer's intention that wages serve in the place of benefits, such intention must be gleaned from the relevant circumstances. For instance, if wages were paid, despite the fact that the employee did not work, it would be reasonable to infer the employer's intention. Likewise, if the employee is paid his pre-injury wage, though he performs a reduced workload, the employer's intention could be reasonably inferred. If the employer denies any workers' compensation liability, the wages it pays to the employee cannot be claimed as a credit for a workers' compensation payment. Additionally, any charitable payments made by the employer to the employee cannot be later recovered by way of credit. If the employer is allowed a credit, the amount of credit is determined on a weekly basis. Basically, the amount of the credit will be determined on a week-by-week basis in relation to the amount of workers' compensation benefits allowed to the employee for such week. No running tally is kept such that the overall total amount of benefits is offset by the amount of wages paid. Consider the employee who earns $400 from the employer in a specific week. The employee's compensation payment is in the amount of $250. Therefore, the employer would be allotted a $250 credit for the week. After that, a new week begins with a separate credit calculation to be made.

Public Employment

July 22, 2025
Dec. 8, 2021 All states provide some measure of workers' compensation coverage for those individuals employed in the public sector. Most states provide protection generally for all public employees. Others, however, identify specifically those public occupations for which coverage is extended. There are several key occupations for which coverage is often extended. These include sheriffs and police officers, firefighters, teachers, and National Guard personnel. Workers' compensation coverage for public employment does not extend to those individuals serving the public in an "official" capacity. An "official" holds an elevated position over that of an "employee" and is generally considered to be one who exercises sovereign functions of the government for the public's direct benefit. Additionally, an "official" operates and makes decisions based largely on his own independent judgment as opposed to the employee who operates at the will of the employer with little or no ability to exercise his independent judgment. Other criteria characteristic of an "official" include that his position was formally created by the government pursuant to a law, his duties are prescribed by law, his position required him to take an oath and secure a bond, and his position is limited by a finite term in office.
Show More

Reach out today

Contact Us

Get in Touch

Law Offices of Stuart H. Garrison

  • Hours

    Mon 9:00 AM - 6:00 PM

    Tue 9:00 AM - 6:00 PM

    Wed 9:00 AM - 6:00 PM

    Thu 9:00 AM - 6:00 PM

    Fri 9:00 AM - 6:00 PM

  • Get Directions

    Directions
  • Leave a Review

    Review