n January 2024, California introduced significant new protections for employees through Senate Bill 497, aimed at bolstering safeguards against workplace retaliation. Retaliation is one of the most common complaints brought by employees, and this law seeks to strengthen their ability to fight back against unfair treatment. At Lavi & Ebrahimian, LLP, we are dedicated to standing up for employees whose rights have been violated. Here’s what you need to know about SB 497 and how it might protect you.
What Does SB 497 Do?
SB 497 creates a rebuttable presumption of retaliation, meaning that if an employer takes adverse action – such as termination, demotion, or reduction in pay – within 90 days of an employee engaging in a protected activity, the law assumes retaliation has occurred.
Protected activities include:
- Filing a complaint about unsafe working conditions.
- Reporting wage violations or workplace harassment.
- Participating in a workplace investigation.
- Whistleblowing against unlawful practices.
Employers must now provide clear, legitimate, and non-retaliatory reasons for their actions to overcome this presumption. Additionally, the law allows employees to recover civil penalties up to $10,000 per violation, sending a strong message that retaliation won’t be tolerated.
Why SB 497 Matters for Employees
In the past, employees who suffered retaliation often faced an uphill battle in proving their case. Employers could claim unrelated reasons for their actions, making it difficult for employees to connect the dots. SB 497 shifts the burden of proof, empowering workers to stand up for their rights without fear of retribution.
Common Signs of Retaliation
If you’ve recently filed a complaint or exercised your workplace rights and are now facing sudden changes in your job status, you might be experiencing retaliation. Look for these red flags:
- Unjustified negative performance reviews.
- Changes in job assignments or duties.
- Denial of promotions or raises.
- Unexplained termination or forced resignation.
What to Do If You Suspect Retaliation
If you believe you’ve been a victim of workplace retaliation, it’s essential to act quickly:
- Document Everything: Keep a detailed record of events, including dates, conversations, and any written communication with your employer.
- Know Your Rights: Understand your rights under California labor laws, including SB 497.
- Consult an Employment Lawyer: Speak with an experienced attorney who can guide you through the legal process and protect your rights.
How Lavi & Ebrahimian, LLP Can Help
At Lavi & Ebrahimian, LLP, we have a proven track record of advocating for victims of workplace retaliation. Our experienced attorneys can help you navigate the complexities of your case, gather evidence, and hold your employer accountable.
If you’ve been treated unfairly after standing up for your rights, you don’t have to face this alone. Call us today at (310) 432-0000 for a free consultation or visit our website to learn more about retaliation laws in California. Let us help you fight for the justice and compensation you deserve.