What does a California Employee Need to Prove to Establish Retaliation?

Lisa Sherman
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California Labor & Employment Attorney

A California employee needs to prove three elements to prevail on a retaliation claim. 

First, the employee engaged in protected activity;

Second, the employer took an adverse employment action against the employee;

Third, a causal link between the protected activity and the adverse employment action.  In other words, the employer took against the employee because of the protected activity.  

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