California law protects employees from workplace retaliation when they speak up about illegal or unsafe practices at work. If your employer punishes you for exercising your rights, whether by firing you, cutting your hours, changing your schedule, or making your work environment worse, you may have a claim for retaliation under California labor laws.
At Seligson Law, led by seasoned employment lawyer Ken Seligson, we represent employees across California who have faced retaliation after doing the right thing. Our employment lawyers are committed to holding employers accountable when they break the law.
What Actions Are Protected?
It is illegal for an employer to retaliate against you for:
- Reporting wage violations, harassment, discrimination, unsafe working conditions, or other illegal activity.
- Filing a complaint with human resources.
- Raising a concern with a supervisor.
- Contacting a government agency such as the Labor Commissioner or OSHA.
You are also protected as a whistleblower if you report violations of law to a government agency, law enforcement, or even internally within your company. California Labor Code § 1102.5, also known as the Whistleblower Protection Act, makes it unlawful for an employer to take negative action against an employee for reporting conduct that the employee reasonably believes is unlawful.
What Makes Retaliation Illegal in California?
To qualify as retaliation under California law, three main elements must be present:
1. Adverse Employment Action
Your employer took negative action against you, such as firing, demoting, cutting hours, reducing pay, or creating a hostile work environment.
2. Direct Connection to a Protected Activity
The adverse action was linked to you engaging in a protected activity, such as reporting misconduct, requesting leave, or filing a complaint.
3. Pretext or Unjustified Reasoning
The employer’s stated reason for the action was false or misleading, masking the true retaliatory motive.
How to Prove Retaliation
To build a strong retaliation case, you must show:
- You engaged in a protected activity such as reporting discrimination, harassment, wage violations, or workplace safety concerns.
- You experienced a negative employment action such as termination, demotion, or reduced pay.
- There is a clear connection between your complaint and the retaliation often shown by how soon the adverse action followed your protected activity.
Key evidence that strengthens a retaliation claim includes:
- Emails, text messages, or performance reviews showing a sudden change in treatment.
- Witness statements from coworkers who observed retaliation or shifts in workplace behavior.
- A timeline demonstrating how quickly retaliation occurred after your complaint.
Retaliation cases rely on strong evidence, document everything from your initial complaint to each incident of mistreatment.
How to File a Retaliation Claim in California
If you suspect you’ve been retaliated against, taking action quickly can help protect your rights. Here are the main steps:
- Step 1: Document everything – Keep records of all relevant communications, HR complaints, performance reviews, and witness statements.
- Step 2: File an internal complaint – Report the retaliation formally to HR or management to create a record.
- Step 3: Submit a complaint with the California Civil Rights Department (CRD) – Also known as the Department of Fair Employment and Housing (DFEH). You generally have one year from the retaliatory act to file.
- Step 4: Wait for the agency’s response – The CRD may investigate, offer mediation, or issue a “right to sue” letter.
- Step 5: Consult an employment lawyer – We can evaluate your claim, gather evidence, and represent you in negotiations or court.
Retaliation claims have strict deadlines. Filing promptly increases your chances of success. Having a lawyer by your side ensures you meet all procedural requirements, present the strongest possible evidence, and pursue the maximum compensation available under the law.
Average Settlements for Retaliation in California
While every case is different, retaliation settlements in California often range from $40,000 to $250,000, and in some cases much higher. Factors that affect settlement value include:
- Severity and impact of retaliation: Whether it resulted in termination, loss of pay, or long-term career damage.
- Economic and emotional damages: Lost wages, benefits, and emotional distress such as anxiety, depression, or reputational harm.
- Employer conduct: Whether the employer’s actions were repeated, intentional, or egregious.
A strong case with clear evidence, with the help of an experienced employment lawyer, can result in a higher settlement or court award.
Can You Sue Your Employer for Retaliation?
Yes. If you faced retaliation for reporting discrimination, wage violations, or unsafe working conditions, you may be able to sue your employer. To succeed, you must show you engaged in a protected activity, suffered an adverse employment action, and that there’s a direct link between the two.
If you believe your employer punished you for reporting a problem or standing up for your rights, you may be entitled to:
- Reinstatement
- Back pay
- Compensation for emotional distress
- Civil penalties
At Seligson Law, our firm represents employees who have faced retaliation after doing the right thing. We ensure all damages are accounted for and work to secure the compensation you deserve.
Contact Our California Workplace Retaliation Lawyers Today
If you’ve experienced retaliation, you may be entitled to reinstatement, back pay, emotional distress damages, and civil penalties.
Schedule a free consultation with our California employment lawyers today at 213-293-6692 or email intake@seligsonlaw.com. We will listen to your story, explain your legal options, and help you take the next step toward justice.
FAQs
1. What counts as workplace retaliation?
It’s when your employer takes negative action, like firing, demoting, or cutting hours, because you engaged in a protected activity. A lawyer can assess your situation and confirm if it meets the legal definition.
2. What laws protect me?
Key protections include the Fair Employment and Housing Act (FEHA), Labor Code § 1102.5, and federal laws like Title VII. An attorney can explain how these apply to your case.
3. How do I prove retaliation?
You must show you engaged in a protected activity, suffered an adverse action, and that the two are connected. A lawyer can help gather evidence and build this link.
4. What evidence helps my case?
Emails, texts, witness statements, and a timeline showing retaliation after your complaint. An attorney can organize and present this evidence effectively.
5. How long do I have to file?
Generally, you have one year from the retaliatory act to file with the California Civil Rights Department. A lawyer can ensure you meet all deadlines.
6. What can I recover?
Remedies include reinstatement, back pay, emotional distress damages, and civil penalties. An attorney can negotiate or litigate to maximize your compensation.
