Short answer: retaliation is any adverse action an employer takes against you because you did something the law protects: complaining about discrimination or harassment, requesting accommodation or leave, reporting unpaid wages or unsafe conditions, refusing to break the law, filing a workers’ compensation claim, or reporting wrongdoing to a government agency. It is illegal under the Fair Employment and Housing Act and several sections of the Labor Code, and it is often easier to prove than the underlying complaint, because the timing and the paper trail speak for themselves. Abdi & Associates, Inc. helps individuals with retaliation claims throughout California. The consultation is free.
Protected activity in California
- opposing, complaining about or reporting discrimination or harassment, internally or to the Civil Rights Department or EEOC, or participating in an investigation (Government Code section 12940(h));
- requesting a reasonable accommodation for a disability or pregnancy, or taking CFRA, pregnancy disability or other protected leave (sections 12940(m)(2) and 12945.2);
- complaining about unpaid wages, overtime or breaks, or filing a wage claim (Labor Code section 98.6);
- reporting a violation of any law, rule or regulation to a supervisor, to a government agency or to law enforcement, or refusing to participate in an illegal act, the whistleblower protection of Labor Code section 1102.5;
- complaining about unsafe working conditions or reporting to Cal/OSHA (Labor Code section 6310);
- filing or intending to file a workers’ compensation claim, or testifying in another worker’s case (Labor Code section 132a);
- discussing wages with coworkers, and refusing to sign a release of wage claims (Labor Code sections 232 and 232.5);
- taking time off for jury duty, to vote, or as a victim of crime (Labor Code section 230);
- serving in the military, and lawful off-duty conduct.
What counts as an adverse action
Termination, demotion, suspension, a pay cut, a reduction in hours, an unfavorable transfer or schedule, denial of a promotion, a negative review or write-up without basis, exclusion from meetings or training, increased scrutiny, threats, and a campaign of hostility that makes the job worse. The action must be one that would deter a reasonable employee from engaging in the protected activity; it does not have to be a firing.
How retaliation is proven
A retaliation claim requires protected activity, an adverse action, and a causal connection. Causation is usually proven with circumstantial evidence: the timing between the complaint and the action, the employer’s knowledge of the complaint, a shift in treatment, inconsistent or changing explanations, deviation from the employer’s own policies, and comparison with how other employees were treated. Under Labor Code section 1102.6, once the employee shows 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. Close timing alone is evidence, not proof, and the employer will always offer a reason; the case turns on whether that reason holds up.
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 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 (see our Labor Code 132a page).
Deadlines
- FEHA retaliation (for complaining about discrimination or harassment, requesting accommodation or leave): 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 (sections 98.6, 1102.5, 6310 and others): 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 involved; the Labor Commissioner complaint is not required before suing under section 1102.5.
- Wrongful termination in violation of public policy: two years.
- 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 retaliation complaint within 30 days.
What to do
- Make your complaint in writing, so there is no dispute about what you said and when. Keep a copy at home.
- Write down every change in treatment afterward, with dates, and keep reviews, schedules, pay stubs and messages.
- Keep performing your job; 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 applicable deadline.
How Abdi & Associates can help
Abdi & Associates, Inc. helps individuals with retaliation claims throughout California. We identify every protected activity and every 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: we file the Labor Code section 132a petition with the workers’ compensation claim and evaluate the civil claims alongside it. We work remotely, by phone, video and secure electronic signature. The consultation is free. Call (888) 772-2529.
Frequently asked questions
I was fired two weeks after I complained. Is that retaliation?
The timing is strong evidence, but the employer will offer another reason. Whether it is retaliation depends on whether that reason survives scrutiny against the timing, your record and how others were treated.
My complaint turned out to be wrong. Am I still protected?
Yes, if it was made in good faith. Protection does not depend on the complaint being proven correct.
I reported the problem only to my manager, not to an agency. Does that count?
Yes. Internal reports to a supervisor or to anyone with authority to investigate are protected under Labor Code section 1102.5 and FEHA.
Can I be retaliated against for filing a workers’ compensation claim?
It is illegal under Labor Code section 132a and often under FEHA and public policy as well. See our page on retaliation after a workers’ compensation claim.
See also wrongful termination, workplace harassment and the employment law overview.
Sources: Cal. Gov. Code §§ 12940(h), (m), 12945.2, 12960, 12965; Cal. Lab. Code §§ 98.6, 98.7, 132a, 230, 232, 232.5, 1102.5, 1102.6, 6310; Cal. Code Civ. Proc. §§ 335.1, 338; 42 U.S.C. § 2000e-3; 29 U.S.C. § 660(c).
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.