Retaliation lawyers for California workers who spoke up
Speaking up at work is your right. Being punished for it is against the law.
What did you speak up about?There are no wrong answers here. Many cases are both.
California protects two kinds of speaking up, under different laws, with different deadlines. Both paths are explained below.Choose the one closest to yours. You can switch, or open both, at any time.We fight exclusively for workers. Free virtual consultations.
Both, or not sure? Many cases are both.
Say you report harassment to HR, and the same month you complain that your overtime isn't being paid. Then you're fired. Both laws can apply, each with its own clock and its own remedies. You don't need to sort out which law fits before you call. Tell us what you spoke up about and what happened next.
You spoke up about how you were treated
FEHA retaliationFair Employment and Housing Act
Gov. Code § 12940(h)
It counts if you
- Complained about, or pushed back on, discrimination or harassment you reasonably believed was happening, including an internal complaint to HR or a manager.§ 12940(h); 2 CCR § 11021
- Filed a complaint with the Civil Rights Department, testified, or helped someone else with theirs.§ 12940(h)
- Asked for a disability or religious accommodation, even if the answer was no.§ 12940(m)(2)
- Asked for or took family or medical leave under CFRA.§ 12945.2(k)
- Were pregnant, or asked for pregnancy leave or a pregnancy accommodation.CRD pregnancy guidance
What it can look like
- The write-ups start the week after your HR complaint.
- You come back from leave to fewer hours, a worse shift, or no job.
- You ask for an accommodation and get moved off your biggest accounts.
- You're demoted, cut out of meetings, or let go for a reason that never came up before.
Examples for illustration. Every case turns on its own facts.
Your clock
3 years to file with the Civil Rights Department
- 3 yearsfrom the last retaliatory act to file a complaint with CRD. Gov. Code § 12960(e)
- 1 yearto file your lawsuit after CRD issues a right-to-sue notice. Gov. Code § 12965(c)
Where it goes
California Civil Rights Department (CRD). Before you can sue, you need a right-to-sue notice from CRD. You can ask for one right away instead of waiting for an investigation.
What you can recover
- Lost pay, past and future
- Your job back, a hire or a promotion
- Out-of-pocket costs
- Emotional distress damages
- Punitive damages
- Attorney's fees and costs
You spoke up about something illegal, unsafe or unpaid
Labor Code retaliationWhistleblowing, wages, safety, workers' comp
Lab. Code §§ 1102.5, 98.6, 6310, 132a
It counts if you
- Reported what you reasonably believed was a violation of law, to a government agency or to someone at work with authority to fix it. It counts even if reporting is part of your job.§ 1102.5(b)
- Refused to take part in something that would break the law.§ 1102.5(c)
- Complained that you're owed unpaid wages, filed a wage claim, or used other Labor Code rights.§ 98.6
- Complained about unsafe conditions, to Cal/OSHA or to your employer, or reported a work injury or illness.§ 6310
- Filed a workers' comp claim, or said you intended to.§ 132a
What it can look like
- You report a safety hazard and you're off the schedule a week later.
- You ask about missing overtime and your hours get cut.
- You file a workers' comp claim and you're let go before you heal.
- You refuse to sign off on false records and get written up for "attitude."
Examples for illustration. Every case turns on its own facts.
The law helps with proof
Punished within 90 days? If your employer acted within 90 days of a wage complaint or other activity protected by § 98.6, the law presumes retaliation. The employer has to rebut it. § 98.6(b)(1), since 2024
Whistleblowing. Once you show your report was a contributing factor, your employer must prove by clear and convincing evidence that it would have done the same thing anyway. § 1102.6; Lawson v. PPG (2022)
Your clock
1 year is the deadline to watch
- 1 yearto file a retaliation complaint with the Labor Commissioner. It can be extended for good cause. § 98.7(a)
- 1 yearfrom the discriminatory act to file a § 132a petition with the WCAB. § 132a
- 30 daysfor a separate federal OSHA complaint about safety retaliation.
- Variesfor a lawsuit in court. Some deadlines are as short as one year.
Where it goes
Labor Commissioner's Office (DLSE), or court. You generally don't have to go to the Labor Commissioner before suing. Workers' comp retaliation goes to the Workers' Compensation Appeals Board (WCAB).
What you can recover
- Reinstatement and lost wages, with interest
- Negative reports removed from your file
- A civil penalty of up to $10,000 per violation, paid to you § 98.6
- Civil penalties of up to $10,000 per violation, and attorney's fees if you win in court § 1102.5(f), (j)
- Workers' comp increased by one-half, up to $10,000, plus lost wages and benefits § 132a
Two clocks, and they don't run the same lengthBoth start on the day you were punished.
Most people assume there is one deadline for retaliation. There are several. The path you're on decides how long you have, and the Labor Code clock is often a third of the FEHA one. Drawn to scale:
How I was treated FEHA, Civil Rights Department
- File a complaint with CRDGov. Code § 12960(e)
- Then file your lawsuitGov. Code § 12965(c)
Something illegal, unsafe or unpaid Labor Code, Labor Commissioner, WCAB
- Presumption windowLab. Code § 98.6(b)(1)
- Federal OSHA, safety retaliation
- Labor Commissioner complaintLab. Code § 98.7(a)
- Workers' comp § 132a petition, WCABLab. Code § 132a
- Lawsuit in court
If your case is both, watch the shorter clock.
A FEHA claim's 3 years won't save a Labor Code claim whose deadline passed at 1 year.
The right-to-sue year can start early.
You can ask CRD for a right-to-sue notice right away. Your one year to file in court runs from the date of that notice.
Filing can pause a court deadline.
While the Labor Commissioner investigates your retaliation complaint, the time to bring a court action is paused. Lab. Code § 98.7(d)
Workers who spoke up, and wonServing California workers since 2012.
$200M+recovered
Combined recoveries in cases handled by our attorneys including employment and injury matters. Every case is different, and past results do not guarantee a similar outcome.
- $2,650,000SettlementWhistleblower Retaliation & Wrongful Termination
- $2,000,000Jury VerdictEmployment Trial, San Bernardino County Superior Court (2025)
- $5,150,000SettlementWork Injury & Wrongful Termination (Hansen v. UPS)
Prior results do not guarantee a similar outcome.See all case results
What to do this weekSmall steps now protect the case later.
- Write down the datesWhen you spoke up, who you told and how, and everything that changed afterward. The clocks above start from these dates, and the timeline is often the strongest evidence you have.
- Keep what you're allowed to keepYour own texts, messages sent to you, pay stubs, schedules, and write-ups you were handed. Don't copy confidential company files to do it.
- Don't sign a severance release yetA severance agreement often includes a release that gives up your claims. Have it reviewed before you sign anything.
- Talk to us before a deadline doesA free virtual consultation, in English or Spanish. Start your free case review or call (310) 853-3461.
Example: my timeline
- Mar 3Told my supervisor the forklift brakes failed again.
- Mar 4Texted him a photo. Saved the text.
- Mar 6Called Cal/OSHA. Wrote down the time.
- Mar 10Taken off the weekend schedule.
- Mar 17First write-up in four years.
- Mar 24Offered severance. Did not sign.
A sample only. Notes like these, made close to the time, help us see the pattern quickly.
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Free Case ReviewRetaliation questions, answered
Short answers to what California workers ask us most. Your free case review covers the rest.
What counts as retaliation in California?
Retaliation is when your employer fires, demotes, suspends, disciplines or otherwise treats you worse because you did something the law protects. That includes complaining about discrimination or harassment, asking for an accommodation or leave, reporting a violation of law, complaining about pay or safety, and filing a workers' comp claim.
Do I have to be right about the problem I reported?
No. Whistleblower protection covers reports you had reasonable cause to believe showed a violation of law (Lab. Code § 1102.5). Under FEHA, opposing practices you reasonably believe are unlawful is protected (2 CCR § 11021). Your belief has to be reasonable, not proven.
How long do I have to act?
It depends on the path. FEHA retaliation: 3 years to file with the Civil Rights Department, then generally 1 year after a right-to-sue notice to file in court. Labor Code retaliation: 1 year to file with the Labor Commissioner. Workers' comp retaliation: 1 year to file with the WCAB. Lawsuit deadlines vary, and some are as short as one year, so don't wait.
Can I bring a claim if I still work there?
Yes. You don't have to be fired or quit first. Retaliation covers discipline, demotion, cut hours and other adverse treatment, not only termination.
Do I have to go to an agency before I sue?
For FEHA claims, yes: you need a right-to-sue notice from the Civil Rights Department, and you can request one immediately. For Labor Code retaliation, you generally don't have to file with the Labor Commissioner first (Lab. Code § 98.7(g)). Workers' comp retaliation under § 132a is brought by petition to the WCAB.
I was punished right after I complained. Does timing matter?
It can matter a great deal. Since 2024, if an employer takes action within 90 days of activity protected by Labor Code § 98.6, such as a wage complaint, the law presumes retaliation and the employer must rebut it. In whistleblower cases, once you show your report was a contributing factor, the employer must prove by clear and convincing evidence that it would have made the same decision anyway (Lab. Code § 1102.6).
My employer offered severance. Should I sign?
Not before someone reviews it. Severance agreements often include a release that gives up your claims, including retaliation claims. Bring it to your free case review first.
What does it cost to talk to you?
Nothing. Consultations are free and virtual, in English or Spanish. We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
You spoke up once. Let us do the talking now.
Tell us what you reported and what happened next. We'll tell you which path you're on, which clock is running, and what your case may be worth. Free virtual consultations.
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