Retaliation is one of the most common employment claims in California. It happens when an employer punishes an employee for doing something the law protects, like reporting harassment or complaining about unpaid wages.
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Reporting or opposing harassment or discrimination (Government Code section 12940(h)). Reporting what you reasonably believe is a violation of law to a government agency or to someone at work with authority to investigate (Labor Code section 1102.5). Complaining about unpaid wages, overtime, or breaks (Labor Code section 98.6). Reporting unsafe working conditions (Labor Code section 6310). Requesting accommodation or taking protected leave. Filing a workers' compensation claim. Participating in an investigation as a witness.
Firing, demotion, pay cuts, reduced hours, worse shifts, sudden negative reviews, being excluded from meetings, or threats, especially soon after you spoke up.
Under Labor Code section 1102.5, once an employee shows that whistleblowing contributed to an adverse action, the employer must prove by clear and convincing evidence that it would have taken the same action anyway. The California Supreme Court confirmed this standard in 2022 in Lawson v. PPG Architectural Finishes.
Keep a timeline: when you complained, to whom, and what changed afterward. Save emails and messages showing your complaint. Don't quit before getting advice, if you can avoid it.
My complaint turned out to be wrong. Can they punish me for it? Generally no, if you reasonably believed there was a violation and made the report in good faith.
How long do I have? FEHA retaliation claims generally must be filed with the California Civil Rights Department within three years. Other retaliation claims have different deadlines, so talk to a lawyer early. Call (818) 904-0100 for a free, confidential consultation.
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