The Importance of Documenting Incidents: Building a Case Against Workplace Retaliation

Our dedicated employment law attorneys in Pasadena at Romero Law know when whistleblowers face reprisal or unfair treatment for reporting illegal, immoral, unsafe, or fraudulent activity, it may be challenging to prove they are being retaliated against for reporting misconduct or wrongdoing in the California workplace.

Living with workplace retaliation daily can significantly disrupt employees’ ability to do their jobs. It is also illegal.

Here, we offer guidance on how California employees can document instances of retaliation thoroughly and effectively so they can build a compelling case against their employer and seek legal remedies with fewer challenges.

How California Employees Can Help Build Strong Workplace Retaliation Cases

Retaliation occurs when an employer takes adverse actions against an employee for engaging in legally protected activities, such as reporting discrimination or harassment.

Building a case against workplace retaliation requires careful documentation and evidence gathering, including:

• Keep Detailed Records

Start by keeping a detailed record of all relevant interactions, incidents, and conversations. Include dates, times, locations, individuals involved, and what occurred. Be as specific as possible and avoid inserting personal opinions.

• Save All Communication

Preserve emails, text messages, and any written communication relevant to your case. These records can provide concrete evidence of any attempts to retaliate or any change in treatment following your protected activity.

• Maintain a Timeline

Create a timeline that outlines the events leading up to and following your protected activity. This timeline can help establish a pattern of retaliation and show the timing of adverse actions.

• Record Witness Statements

Gather their statements if there were witnesses to the retaliation or the events leading up to it. Witness accounts can add credibility to your claims and corroborate your version of events.

• Collect Company Policies and Procedures

Obtain copies of your company’s policies and procedures, especially those related to reporting harassment, discrimination, and retaliation. This can be useful in demonstrating that you followed proper protocols and that your employer failed to uphold their responsibilities.

• Document Adverse Actions

Retaliation can come in various forms, including demotions, pay cuts, negative performance reviews, changes in job assignments, and exclusion from meetings or opportunities — document all adverse actions taken against you.

• Gather Performance Evaluations and Feedback

Gather copies of your performance evaluations, feedback, and any documented changes in your job responsibilities or assignments. These documents can be substantial evidence if there is a sudden shift in your work situation after your protected activity.

Document these differences if you notice a notable change in how you are treated compared to before your protected activity. For instance, note this shift if you were once praised for your work but now receive negative feedback.

Contact Our Skilled Employment Law Attorneys in Pasadena to Schedule a Free Consultation Today

If you are being retaliated against at work for reporting your employer’s unlawful actions or activity, contact our experienced Los Angeles County employment law attorneys to discuss your unique workplace circumstances today.

Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.