If your employer punishes you for standing up for your rights, you may have a strong retaliation claim under California law. Here’s how to protect yourself and what to expect if you decide to file a claim.
Step 1: Know Your Rights
California law prohibits retaliation for activities such as:
- Reporting discrimination, harassment, or wage violations
- Requesting accommodations for disability or pregnancy
- Filing complaints with state or federal agencies
- Participating in workplace investigations
- Reporting unsafe working conditions or whistleblowing
Employers can’t legally punish you for exercising these rights.
Step 2: Gather Evidence
Strong evidence can make or break a retaliation case. Gather:
- Emails or texts showing timelines
- Performance reviews before and after your complaint
- Witness statements from coworkers
- Records of adverse actions (termination letters, pay stubs, schedules)
Step 3: Report Internally if Possible
Before filing a legal claim, it’s often helpful to report retaliation to HR or a supervisor in writing. Keep a copy of your complaint.
Step 4: File a Complaint Externally
You may file a retaliation claim with:
✅ California Civil Rights Department (CRD) – For claims involving discrimination or harassment.
✅ California Labor Commissioner’s Office – For wage and labor retaliation claims.
✅ U.S. Equal Employment Opportunity Commission (EEOC) – For federal protections under laws like Title VII.
Step 5: Consider Legal Action
If administrative complaints don’t resolve your case—or if you want to pursue damages directly—you can file a lawsuit. Damages may include:
- Lost wages
- Emotional distress compensation
- Attorney’s fees
- Punitive damages (in some cases)
Don’t Delay
Retaliation claims have strict deadlines. In California, you often have:
- One year to file a complaint with the CRD for FEHA claims
- Six months for Labor Commissioner claims under certain labor codes
When to Seek Legal Help
Employment law is complex. Speaking with an experienced attorney can help ensure your claim is filed correctly and protect your rights throughout the process.
If you believe you’re facing retaliation, don’t stay silent. California law is on your side.
