Retaliation Claims in California
Were you demoted, disciplined, or fired for standing up for your rights? EFLL holds employers accountable for illegal retaliation under California law.
Retaliated against at work?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. This includes reporting harassment or discrimination, requesting medical leave, complaining about unpaid wages, or filing a workers’ compensation claim. Retaliation is unlawful under multiple California labor statutes and the Fair Employment and Housing Act (FEHA).
What Retaliation Looks Like
Retaliation can take many forms, including:
- Termination shortly after reporting misconduct
- Unwarranted write-ups or disciplinary actions
- Demotions or denial of promotions
- Sudden schedule changes or reduction in hours
- Hostile treatment or exclusion by management
- Transferring an employee to a less desirable location or shift
These actions are illegal if they are caused by your protected activity—not just poor performance or business restructuring.
Common Triggers for Retaliation
Employers may retaliate when employees:
File a workers' compensation claim
Report sexual harassment or discrimination
Request FMLA/CFRA leave or pregnancy accommodations
Complain about unpaid wages or missed breaks
Support a co-worker's complaint or lawsuit
Report unsafe or illegal activity at work
All of these actions are protected under California Labor Code § 1102.5, FEHA, and other workplace protection laws.
Key Protections Under California Law
Employers may retaliate when employees:
Labor Code § 1102.5 prohibits retaliation against whistleblowers
Labor Code § 98.6 protects wage and hour complaints
FEHA covers retaliation for complaints about discrimination, harassment, or accommodation
Labor Code § 132a prohibits retaliation for workers' comp claims
Employees can bring retaliation claims even if the original complaint they made
is not ultimately proven — as long as it was made in good faith.
Your Rights & What You Can Recover
If you are a victim of retaliation, you may be entitled to:
- Lost wages and benefits
- Reinstatement or front pay
- Emotional distress damages
- Punitive damages (in cases of egregious conduct)
- Attorneys’ fees and legal costs
Retaliation can derail your career, but EFLL is here to help you rebuild it with strength.
Relevant Retaliation Statutes and What They Are
California and federal law provide strong protections for employees who speak up about unlawful conduct at work. Below are some of the key statutes that prohibit retaliation—and what each one protects:
1. California Fair Employment and Housing Act (FEHA) – Gov. Code § 12900 et seq.
FEHA makes it unlawful for an employer to retaliate against an employee for:
- Reporting discrimination or harassment
- Participating in a workplace investigation
- Requesting a reasonable accommodation for a disability or religious belief
- Opposing conduct the employee reasonably believes is illegal under FEHA
Retaliation under FEHA is one of the most commonly litigated employment claims in California.
2. California Labor Code § 1102.5 – Whistleblower Protection
This powerful whistleblower law protects employees who:
- Report suspected violations of law to a supervisor, government agency, or law enforcement
- Refuse to participate in illegal activities
- Disclose information about unlawful conduct internally or externally
This law protects both private and public sector employees and carries potential double damages for retaliation.
3. California Labor Code § 98.6 – Wage and Hour Complaints
This law prohibits retaliation against employees who:
- File wage claims with the Labor Commissioner
- Complain about unpaid wages, missed breaks, or other Labor Code violations
- Engage in protected activity related to wages, hours, or working conditions
Employees fired under these circumstances may be entitled to reinstatement, backpay, and civil penalties.
4. Labor Code § 6310 – Workplace Safety
Protects workers who:
- Report unsafe working conditions to OSHA (Cal/OSHA)
- Participate in OSHA investigations
- Refuse to work under dangerous conditions
Retaliation under this statute includes termination, demotion, or any adverse employment action.
5. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e)
This federal law prohibits retaliation for:
- Complaining about workplace discrimination or harassment based on race, sex, religion, or national origin
- Participating in EEOC investigations or legal proceedings
Title VII retaliation claims can be pursued in tandem with state claims under FEHA.
6. Family and Medical Leave Act (FMLA) / California Family Rights Act (CFRA)
Employers may not retaliate against workers for:
- Requesting or taking family or medical leave
- Asserting their rights under FMLA or CFRA
Retaliation might include termination, discipline, or negative performance evaluations after protected leave
Whistleblower Retaliation
If you were fired or punished for reporting illegal or unethical conduct in the workplace, visit our Whistleblower
Claims page to learn more about qui tam protections and government fraud cases.
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