Employers are often free to use their discretion in matters of promotion, hiring, termination, or workplace discipline. On the other hand, federal and state regulations purposely forbid employers from retaliating against employees for lawfully protected actions, even if the behavior of a protected right works against the company's interests.
Under state and federal laws, workers are protected from employer retaliation. In some states, retaliation is technically viewed as “any adverse employment action resulting from a worker’s opposing practices prohibited by the FEHA or an worker who filed a grievance, testified, helped or took part in any manner in an investigation, proceeding or hearing conducted by the Fair Employment and Housing Commission (FEHC) or Department of Fair Employment and Housing (DFEH) or their employees.”
Did you know?
If the company is successful in offering a legitimate excuse, then there is no longer a case of retaliation.
The burden will then move to the worker who wrongfully attempted to prove retaliation.