California employment lawyers
California Workplace Retaliation Lawyers
Good reviews for years, then you complained, and suddenly there are performance problems. That pattern is a claim.
Retaliation Is the Most Common Employment Claim in California, and One of the Most Winnable
Every retaliation claim has two building blocks, a protected activity and an adverse action connected to it. The catalog below shows which activities the law protects, and in several situations California law now presumes the connection for you.
What Activities Does California Law Protect?
Reporting Discrimination or Harassment
California’s Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, protects opposing, reporting, testifying about, or assisting in a discrimination or harassment matter under Government Code section 12940(h). An internal HR complaint counts. You do not have to file a charge with the California Civil Rights Department (CRD), the state agency that handles discrimination complaints, first.
Complaining About Pay
Labor Code section 98.6 protects wage complaints, Labor Commissioner claims, and PAGA notices, with a civil penalty of up to $10,000 per employee payable to the employee. Under SB 497, effective January 1, 2024, an adverse action within 90 days of the protected activity creates a rebuttable presumption of retaliation.
Raising Safety Concerns
Labor Code section 6310 protects Cal/OSHA complaints and internal safety reports, and section 6311 protects refusing genuinely unsafe work. Remedies include reinstatement and lost wages.
Jury Duty, Court Appearances, and Victim Leave
Labor Code sections 230 and 230.1 protect jury service and testifying. Under AB 2499, effective January 1, 2025, leave for victims of qualifying acts of violence moved under FEHA and is now enforced by the CRD, with up to 12 weeks for victims and up to 10 days for certain family members.
Using Paid Sick Leave
Labor Code section 246.5(c) creates a rebuttable presumption of retaliation if an adverse action comes within 30 days of using or requesting paid sick leave. That is the strongest timing presumption on this page.
Filing a Workers Compensation Claim
Labor Code section 132a is a separate track through the Workers Compensation Appeals Board, with a one year deadline, increased compensation up to $10,000, plus reinstatement. Workers comp retaliation lives at 132a, a common point of confusion, since it is not part of the section 230 group.
Whistleblowing on Illegal Conduct
Labor Code section 1102.5 protects reporting reasonably suspected legal violations. See whistleblower retaliation.
And More
Discussing wages under Labor Code 232, political activity under Labor Code 1101 and 1102, lactation accommodation requests, and immigration status threats under Labor Code 244 and 1019.
What Counts as an Adverse Action?
Far more than firing. Demotion, cut hours, schedule sabotage, undeserved write ups, exclusion from meetings, transfer to worse duties, a denied promotion, or hostile references. Anything likely to deter a reasonable employee from complaining.
Being pushed out entirely can be constructive discharge. See constructive discharge.
How Do I Prove My Employer’s Story Is Pretext?
Timing is evidence. Courts treat close timing between a complaint and a punishment as circumstantial proof. The statutory presumptions, 90 days under SB 497 and 30 days under section 246.5, flip the script and force the employer to disprove retaliation.
Pretext indicators include shifting justifications, a sudden performance improvement plan after clean reviews, deviation from the progressive discipline policy, harsher treatment than coworkers who did the same thing, and documentation created after the fact.
Build your record: a dated copy of your complaint, performance reviews from before and after, texts and emails showing the change in mood, the names of comparators, and your personnel file under Labor Code 1198.5.
What Is the Average Retaliation Settlement in California?
Value depends on wage loss, the strength of the timing evidence, the conduct of the employer, and available penalties. Ranges are illustrative.
See average retaliation settlement, what decides case value, and the claim strength calculator.
How Long Do I Have?
What to Do Right Now
- Put your complaint in writing today if you have not, and save the sent email.
- Start a timeline document.
- Preserve the reviews and praise from before your complaint.
- Request your personnel file.
- Decline to let an exit interview spin the story.
- Do not sign a severance before a review.
- Contact us before the paper trail gets rewritten.
Find Out Where You Stand
Three questions and a phone number. An attorney reads every one, and you hear back within one business day.
Frequently Asked Questions
Can I Be Fired for Complaining to HR?
Firing you for the complaint is illegal even if the underlying complaint is not ultimately proven. The standard is a reasonable, good faith belief.
My complaint was verbal. Am I protected?
Yes, and a written follow up recreates the record. Send yourself a dated recap email.
How Close Does the Timing Have to Be?
There is no fixed rule. Specific statutes set 30 and 90 day presumption windows, and longer gaps can still work with other evidence.
I got a bad review, not fired. Is that retaliation?
It can be. The test is whether the action would deter a reasonable employee from complaining.
Can My Employer Sue Me Back for Complaining?
Anti-SLAPP and section 98.6 protections apply. An intimidation lawsuit is itself evidence.
Do I Need the CRD Before Suing?
It depends on the statute. FEHA yes. Labor Code 1102.5 and wage retaliation claims, no.
What Can I Recover?
Lost pay, emotional distress under FEHA, penalties, reinstatement, and attorney fees under fee shifting statutes.
Going deeper: What counts as a protected complaint or report, and what does not. Protected activity in California: What counts as a legally protected complaint or report?
Employment Law Resources
- CRD, retaliation under FEHA, Gov. Code 12940(h): calcivilrights.ca.gov
- Labor Commissioner, retaliation complaints: dir.ca.gov
- SB 497 (2023), 90 day rebuttable presumption, eff. 1/1/2024: leginfo
- AB 2499 (2024), victim of violence leave moved to FEHA/CRD, eff. 1/1/2025: leginfo
- Labor Code section 1102.5, whistleblower retaliation: leginfo
Tell Us What Happened
One business day for a response. You pay nothing unless we win.