Retaliation is the action of returning an attack or making a counter attack. Employer retaliation includes an employee being given fewer hours, assigned to dangerous duties or a dangerous location, demoted and/or being fired. It could be other punitive conduct because the employee attempted to enforce his or her legal rights, help co-workers assert their legal rights, or reported illegal activity by the employer. California and Federal employment laws prohibit employers from retaliating against workers in many circumstances. An employer cannot retaliate against an employee if the employee has:
- Filed a worker's compensation claim;
- Taken leave for pregnancy, disability, or family emergency;
- Reported illegal behavior by the employer
- Complained of harassment, discrimination
- Testified or cooperated with an investigation involving the employer.