What Is Employer Retaliation in California?

Short answer: employer retaliation is an adverse action, such as firing, demotion, a pay cut, reduced hours or a bad shift, taken against a worker because the worker did something the law protects: complained about discrimination or harassment, reported unpaid wages or unsafe conditions, requested leave or an accommodation, filed a workers’ compensation claim, refused to break the law, or reported wrongdoing. It is illegal under the Fair Employment and Housing Act and several sections of the California Labor Code, and it supports its own claim even when the underlying complaint is not proven, as long as the complaint was made in good faith.

What the law protects

opposing or reporting discrimination or harassment, and participating in an investigation (Government Code section 12940(h));
requesting reasonable accommodation for a disability or pregnancy, or taking protected leave (Government Code sections 12940(m) and 12945.2);
complaining about wages, hours or working conditions, or filing a wage claim (Labor Code section 98.6);
reporting a violation of law to a supervisor, a government agency or law enforcement, or refusing to participate in unlawful activity (Labor Code section 1102.5);
complaining about workplace safety or reporting to Cal/OSHA (Labor Code section 6310);
filing or intending to file a workers’ compensation claim (Labor Code section 132a);
taking time off for jury duty, to vote, or as a victim of crime; serving in the military; and discussing wages with coworkers.

What a retaliation claim requires

A retaliation claim under FEHA has these elements: you engaged in protected activity; the employer took an adverse employment action against you; the protected activity was a substantial motivating reason for the action; and you were harmed as a result. Under Labor Code section 1102.6, the burden then shifts: once you show by a preponderance of the evidence that protected activity was a contributing factor, the employer must prove by clear and convincing evidence that it would have taken the same action for legitimate, independent reasons. You do not have to prove that the conduct you reported was actually illegal; a reasonable, good-faith belief that it was is enough.

How retaliation is proven

Employers rarely admit a retaliatory motive, so the case is built on circumstantial evidence: the timing between the complaint and the adverse action; the employer’s knowledge of the complaint; a shift from good reviews to sudden criticism; inconsistent or changing explanations; departures from the employer’s own policies; and comparison with how other employees were treated. Close timing alone is evidence, not proof, and the employer will always offer a reason. The question is whether that reason survives scrutiny.

What you can recover

Back pay and front pay, lost benefits, emotional distress damages, punitive damages where the employer acted with malice or oppression, reinstatement, attorney fees and costs, and, under Labor Code section 1102.5, a civil penalty of up to $10,000 per violation. Retaliation for a workers’ compensation claim is handled by a petition before the Workers’ Compensation Appeals Board, which can order reinstatement, lost wages and a penalty of up to $10,000, and the same facts often support a civil claim as well.

Deadlines

FEHA retaliation: a Civil Rights Department complaint within three years (Government Code section 12960), then a lawsuit within one year of the right-to-sue notice.
Labor Code retaliation: a Labor Commissioner complaint within one year (section 98.7), or a civil lawsuit, generally within three years for statutory claims such as section 1102.5 (Code of Civil Procedure section 338(a)), with the deadline confirmed for the specific statute; a Labor Commissioner complaint is not required before suing under section 1102.5.
Labor Code section 132a: one year from the retaliatory act, filed with the Workers’ Compensation Appeals Board.
Federal claims: EEOC charge within 300 days; OSHA complaint within 30 days.

What to do

Make complaints in writing and keep copies at home.
Record every change in treatment afterward, with dates, and keep reviews, schedules, pay stubs and messages.
Keep doing your job well; retaliation cases are won by employees who gave the employer no legitimate reason.
Do not resign or sign a release without advice.
Talk to a lawyer before the shortest deadline that applies.

How Abdi & Associates can help

Abdi & Associates, Inc. helps individuals with retaliation claims throughout California. We identify every protected activity and statute that applies, preserve the deadlines and agency filings, and, where a case calls for it, work with experienced employment trial counsel we trust while staying involved in your case. Retaliation after a work injury is handled in-house through the workers’ compensation claim and a Labor Code section 132a petition. The consultation is free. Call (888) 772-2529, or read our employee retaliation and workers’ compensation retaliation pages.

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.

Topic Employment Law,