Even “Wrong” Complaints Can Create Liability
California employers often focus on whether an employee’s complaint has legal merit. That instinct makes sense. If the complaint is wrong, exaggerated, or based on a misunderstanding of the law, it is easy to assume the risk is low. That assumption is where employers get into trouble. A recent California Court of Appeal decision makes the point. In Contreras v. Green Thumb Produce, Inc. , the court confirmed that an employee can pursue a retaliation claim even when the underlying complaint is legally incorrect, so long as the employee reasonably believed a violation of law occurred. That is the disconnect employers often miss. The Shift Employers Need to Understand Under California law, an employee engages in protected activity when they complain about conduct they reasonably believe violates the law . That belief does not have to be correct. It only needs to be “reasonable.” An employee may complain about something that is not actually unlawful. They may misunderstand wage and h...
