By Samuel Hauser, Associate Attorney, D.Law

LOS ANGELES, Aug. 19, 2025 /PRNewswire/ -- As an employment lawyer in California who has spent years representing workers wronged by their employers, I can say this with certainty: the time to protect yourself isn't when you're already facing discrimination, harassment, or wrongful termination. It's before.

Most employees think protecting themselves becomes important only after something bad happens with their employment.

But the truth is, smart, simple actions, taken while things are still "fine" can dramatically strengthen your position if things later go south. And with laws like California's Fair Employment and Housing Act (FEHA) giving employees powerful rights, the missing link is often not the law itself, but the evidence.

So whether you're thriving in your role or sensing early warning signs, here are proactive, practical strategies to quietly protect yourself and your career.

1. Create a "Paper Trail" Even If It's Just for You

California law prohibits employers from discriminating against workers based on race, gender, disability, religion, sexual orientation, age (40+), and more. But in practice, discrimination is rarely overt, it's subtle, coded, or hidden in "business decisions."

That's why documentation is your best friend.

Start a private secure log where you record:

• The date, time, and details of troubling incidents
• Names of people involved
• What was said or done
• Any witnesses or outcomes

Even brief, factual summaries can make or break a case. A memory fades. A journal doesn't.

2. Save Emails, Especially the Subtle Ones

Most unlawful employment actions aren't announced in a company memo. They show up in the form of vague criticisms, shifting expectations, or tone-deaf comments. If something strikes you as off, even if it's subtle, don't delete that email.

Flag it and save it. And when communication happens verbally? Send a polite follow-up email confirming the discussion. ("Just wanted to recap our conversation about my performance review earlier today…") These paper trails are gold in litigation.

Do not wait to start saving emails either as you never know when or if you may be locked out of your account. Save these crucial documents early and often. 

3. Know Your Rights Before You Need to Use Them

FEHA and related California laws protect workers in profound ways:

• You have the right to reasonable accommodations for a disability.
• You have the right to report harassment or discrimination without retaliation.
• You have the right to take leave for medical or family reasons.

Yet many employees unintentionally waive these rights, or delay action, because they're unaware. If something feels wrong, don't second-guess your instincts. Research it. Consult with an employment attorney before taking steps like quitting or signing anything. Waiting can shrink your legal options.

4. Keep Your Own Copy of Employment Records

California law gives you the right to inspect and copy your personnel file and payroll records. You can request:

• Job applications
• Offer letters
• Performance evaluations
• Disciplinary write-ups
• Timecards and wage statements

Be proactive. If you're terminated, these documents can become harder to access, or suspiciously incomplete. Request copies while you're still employed and store them safely.

5. Be Mindful of "Retaliation Red Flags"

If you've spoken up about illegal conduct, whether it's wage theft, unsafe conditions, or discrimination, you are legally protected from retaliation. That includes:

• Sudden demotion
• Reduced hours
• Unwarranted write-ups
• Hostile work environments

If changes in your job happen shortly after you report or complain about something, document the timeline. Retaliation cases are among the most common employment claims in California, and also among the most winnable when patterns are clearly recorded.

6. Use HR Strategically, Not Emotionally

Many employees assume that going to HR is the safest route. But often, HR exists to protect the company, not necessarily you. This doesn't mean you should avoid HR entirely, as they certainly may be able to help you, but approach the situation strategically:

• Put your complaint in writing
• Keep a copy
• Be specific and fact-driven
• Avoid speculation or emotional language

If you're unsure how to phrase something, speak with a lawyer first. A poorly written complaint can weaken your future case, but a clear one can do the opposite.

*Additionally, sometimes if an employee sends a written complaint (whether by text or email) HR won't respond via the same written method as the employee, but instead will call the employee (so as to not create a paper trail). Fear not! All you need to do to keep this situation well documented is to take notes during the call and once the call is finished, email the HR rep or manager that you spoke to and recap what happened during the conversation and send it to them outlining what was said during the call.

Reminder – California is a two-party consent state, meaning, you cannot record others without their consent. This is why taking detailed notes is often your best option. The faintest ink is better than the best memory.

7. Don't Sign Away Your Rights Without Understanding Them

California workers are often asked to sign arbitration agreements, NDAs, severance packages, or "final warnings." Don't rush.

• Ask for time to review anything before signing
• Consult with an employment attorney, especially if the document waives claims or contains confidentiality clauses
• Don't assume it's "standard" because even standard documents can forfeit real rights

8. Beware of Ghost Termination

Ghost termination is a quiet, often underhanded way employers sever ties with workers without ever saying so directly.

Instead of issuing a formal termination notice, the employer simply stops scheduling the employee, cuts off communication, or halts pay without explanation. The worker is left in limbo, unsure if they've been fired or forgotten.

This practice can violate California labor laws, especially if it results in unpaid wages or denies the employee access to final pay, benefits, or unemployment insurance. It's a tactic some employers use to avoid confrontation, legal responsibility, or the paperwork of a proper termination.

Ghost termination leaves employees vulnerable and without closure. If you suspect this has happened to you, document every interaction (or lack thereof), try to get clarity in writing from your employer, and consider speaking with a labor attorney. You may be entitled to back pay, benefits, and damages for the employer's failure to follow legal procedures.

9. Stay Professional, Even When They Don't

It's hard to stay calm when you're being mistreated.

But your conduct will be scrutinized in any legal proceeding. Employers often try to shift blame by painting the employee as insubordinate or volatile. Keep your composure. Respond professionally in writing. Let your evidence, not your temper, speak for you.

Final Thoughts: Empowerment Over Fear

This post isn't about paranoia, it's about empowerment.

I've seen too many employees blindsided by job loss or mistreatment, unsure of what to do, and left without the documentation they need to fight back.

You don't need to live in fear of litigation. But you should live in awareness of your rights and the simple steps that can secure them.

Preparation isn't pessimism. It's power.

Contact D.Law by calling (818) 875-2008 or send a message with any questions or concerns you may have regarding your employment rights. Our attorneys are experts in California employment law and worker's rights and can help you with the problems you are faced with.

CONTACT: Armen Petrosyan, armen@d.law

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SOURCE D.Law, Inc.