Employees First Labor Law

Retaliation in the Workplace: How California Law Protects Employees Who Speak Up

Speaking up at work can be intimidating—but under California law, employees have powerful protections against retaliation. Whether you report harassment, discrimination, wage violations, or unsafe working conditions, your employer cannot legally punish you for exercising your rights.


What is Retaliation?

Retaliation happens when an employer takes adverse action against you because you:

  • Reported illegal conduct
  • Participated in a workplace investigation
  • Requested medical leave or accommodations
  • Filed a complaint with a government agency
  • Whistleblew about fraud, safety issues, or discrimination

Adverse actions can include:

  • Termination
  • Demotion
  • Pay cuts
  • Negative performance reviews
  • Harassment or exclusion
  • Transfer to undesirable shifts

Key California Laws

Several laws protect employees from retaliation, including:

California Fair Employment and Housing Act (FEHA) – Protects workers who report discrimination or harassment.

California Labor Code Section 1102.5 – Broadly prohibits retaliation against whistleblowers.

California Family Rights Act (CFRA) – Protects employees who request or take family leave.

Labor Code Section 98.6 – Protects workers who assert wage and hour rights.


How to Prove Retaliation

To succeed in a retaliation claim, you generally must show:

  1. You engaged in a protected activity
  2. Your employer took adverse action against you
  3. There’s a causal connection between the two

For example: You complain to HR about sexual harassment. Two weeks later, you’re demoted without cause. That could indicate unlawful retaliation.


What Should You Do If Retaliated Against?

Document everything. Keep emails, texts, performance reviews, and notes of conversations.

Report retaliation internally if safe to do so.

Consult an attorney—California’s employment laws strongly protect workers.

Retaliation is illegal—and you don’t have to face it alone.