Employment

Los Angeles Workplace Retaliation Lawyer

Wilshire Law Firm represents Los Angeles workers punished for reporting a problem, taking leave or asking for their pay, from our office at 660 S. Figueroa Street, with a free case review 24/7 and no fees unless you get paid. Our Los Angeles County retaliation results include a $1 million settlement for an employee who alleged being fired weeks after reporting harassment and wage violations; past results do not guarantee a similar outcome. Hablamos español.

Los Angeles Workplace Retaliation Lawyer
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Key Takeaways

  • What’s protected: Reporting a suspected violation of law to a government agency or to someone at work with authority to fix it, and refusing to take part in something illegal (Lab. Code § 1102.5(b)–(c)).
  • The 90-day rule: If an employer acts against you within 90 days of a wage complaint or other activity the Labor Commissioner’s laws protect, the law presumes retaliation unless the employer rebuts it (Lab. Code § 98.6(b)(1)).
  • The burden shifts: Once you show a whistleblower report was a contributing factor, the employer must prove by clear and convincing evidence that it would have acted anyway (Lab. Code § 1102.6).
  • Deadlines: One year for a retaliation complaint to the Labor Commissioner (Lab. Code § 98.7(a)); three years for a Civil Rights Department complaint (Gov. Code § 12960(e)(5)), then one year to sue after the right-to-sue notice (Gov. Code § 12965(c)(1)(D)).
  • Remedies: Reinstatement and lost wages (Lab. Code § 98.6(b)(1)), a civil penalty of up to $10,000 per violation paid to you (§§ 98.6(b)(3), 1102.5(f)), and attorney fees (§ 1102.5(j); Gov. Code § 12965(c)(6)).

Updated Sources: Lab. Code §§ 98.6, 98.7, 1102.5, 1102.6 · Gov. Code §§ 12960, 12965

Understanding Your Workplace Retaliation Workplace Retaliation Case

Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.

Our Los Angeles office is at 660 S. Figueroa Street, Sky Lobby, downtown. The intake team is available 24/7, by phone or online, and hablamos español. We meet clients at the office by appointment. See our Los Angeles office page and our Los Angeles employment lawyers page for the other workplace cases we handle.

Retaliation cases our team resolved in Los Angeles County:

  • $1 million (2024, Los Angeles County): an employee alleged being fired weeks after reporting harassment and wage violations; the employer said the position was eliminated.
  • $170,250 (2026, Torrance): a care facility employee alleged being fired the same day the employee reported medication-handling concerns and racial mistreatment to corporate.

See more on our settlements and verdicts page. Past results do not guarantee a similar outcome. Every case is different.

The Labor Commissioner takes retaliation complaints under the Labor Code, such as being punished for a wage complaint or a whistleblower report, within one year (Lab. Code § 98.7(a)). You can file online, on paper, by mail or in person; the Los Angeles office is at 320 W. Fourth Street, Suite 450, and you don't need a Social Security number or photo ID to file online.

The Civil Rights Department takes complaints under the Fair Employment and Housing Act, such as retaliation for reporting harassment or discrimination or for requesting an accommodation. File within three years of the last harm, online through the California Civil Rights System, by phone, by mail or in person; CRD's Los Angeles office is at 320 West 4th Street, 10th Floor. If you want to go straight to court, you can ask for an immediate right-to-sue notice, but CRD then won't investigate.

The EEOC handles federal claims from its Los Angeles District Office at 255 E. Temple Street. Retaliation was alleged in 61.6% of the charges the EEOC received in fiscal 2025, more than any other basis.

City and county wage laws. In unincorporated Los Angeles County, the County's Department of Consumer and Business Affairs enforces local worker laws, including the county minimum wage, Fair Workweek and health-and-safety retaliation rules, and takes retaliation complaints. Under the county's Fair Workweek ordinance for large retailers, an adverse action within 90 days of protected activity is presumed to be retaliation. The City of Los Angeles enforces its own wage ordinances through its Office of Wage Standards.

The court. Employment lawsuits in Los Angeles County can be filed in the Central District, which includes the Stanley Mosk Courthouse at 111 N. Hill Street, or in the district where the job was performed or where the employer does business (Los Angeles Superior Court Local Rule 2.3).

Retaliation is firing, demoting, cutting hours or pay, or otherwise punishing a worker for doing something the law protects. Protected activity includes:

  • Reporting a suspected violation of law to a government agency, a supervisor or someone with authority to investigate, even if reporting is part of your job (Lab. Code § 1102.5(b)).
  • Refusing to take part in something that would break a law or regulation (§ 1102.5(c)).
  • Complaining that you're owed wages, filing a claim with the Labor Commissioner, or starting a PAGA notice (Lab. Code § 98.6(a)).
  • Complaining about unsafe working conditions (Lab. Code § 6310).
  • Telling others about your working conditions (Lab. Code § 232.5).
  • Opposing harassment or discrimination, or filing or testifying in a complaint about it (Gov. Code § 12940(h)).

Threatening to report your immigration status, or a family member's, because you used a workplace right also counts as an adverse action (Lab. Code § 244(b)). And the protection reaches family members: an employer may not retaliate against you because a relative engaged in protected activity (Lab. Code §§ 98.6(e), 1102.5(h)).

Medical and family leave. An employer with five or more employees may not fire or punish you for taking leave under the California Family Rights Act (Gov. Code § 12945.2(b)(4), (k)). You qualify after more than 12 months on the job and at least 1,250 hours worked in the past year (§ 12945.2(a)).

Accommodation requests. Asking for a disability accommodation is protected whether or not the request is granted (Gov. Code § 12940(m)(2)).

Workers' compensation. Punishing a worker for filing a workers' comp claim is handled by the Workers' Compensation Appeals Board. The petition is due within one year, and the board can raise your compensation by one-half, up to $10,000, and order reinstatement and lost wages (Lab. Code § 132a).

Depending on the law involved, you may recover reinstatement and lost wages and benefits (Lab. Code § 98.6(b)(1)), a civil penalty of up to $10,000 per violation paid to you (§§ 98.6(b)(3), 1102.5(f)), emotional distress damages in a lawsuit, and attorney fees (§ 1102.5(j); Gov. Code § 12965(c)(6)). For a Labor Code retaliation claim, you don't have to go to the Labor Commissioner before suing (Lab. Code § 244(a), § 98.7(g)). A FEHA claim starts with a Civil Rights Department complaint and a right-to-sue notice.

Deadlines at a glance:

  • Retaliation complaint to the Labor Commissioner: one year from the violation, extendable for good cause (Lab. Code § 98.7(a)).
  • Retaliation for a safety complaint: the Labor Commissioner tells you of your right to file a separate complaint with the U.S. Department of Labor within 30 days (§ 98.7(a)(1)).
  • Civil Rights Department complaint: three years (Gov. Code § 12960(e)(5)).
  • Lawsuit after a right-to-sue notice: one year from the notice (Gov. Code § 12965(c)(1)(D)).
  • Workers' comp retaliation petition: one year (Lab. Code § 132a).
  • Fair Workweek complaint to the County (large retailers in unincorporated areas): three years (L.A. County Code ch. 8.102).

Client Reviews


“Wilshire Law Firm was very fast responding to me about my case… they were very nice and helpful and made sure I understood all of the facts. I would recommend [Wilshire Law Firm] for anyone who is looking for the best; they are number one. Thank you Wilshire and staff for making things feel easier.”

Angela B.

Workplace Retaliation

$1.0M

Los Angeles County workplace retaliation settlement: an employee alleged being fired weeks after reporting harassment and wage violations. The employer said the position was eliminated.

Workplace Retaliation

$500K

Santa Ana workplace retaliation settlement: an employee alleged being let go after reporting inappropriate conduct by a manager. The company called it a layoff.

Workplace Retaliation

$500K

Fresno workplace retaliation settlement: an employee alleged being fired after an ethics complaint about patient privacy violations. The claims included discrimination and wrongful termination.

*Past results do not guarantee similar outcomes. Each case is unique and evaluated on its own facts.

Workplace Retaliation Workplace Retaliation Cases: How It Works

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It starts with one call. From there, we handle everything, building your case, standing up to insurance companies and corporations, and fighting for your future. Here's how it works...

How Do I Know If It Was Retaliation?

Three things usually line up: you did something the law protects, like reporting a problem, complaining about pay, taking leave or asking for an accommodation; something bad happened at work afterward; and the timing or the employer's shifting reasons connect the two. Write down dates and who said what, keep your own pay stubs and reviews, and talk to us before you sign a severance agreement.

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Record-breaking results

Winners of #1 Settlements in California

Our attorneys have recovered billions of dollars, including some of the biggest settlements in California.

17#1 Settlements in California, 2022–2024*

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1 of 17

  • #1 Truck v. Pedestrian Accident Settlement — California (2024)

    #1 Truck v. Pedestrian Accident Settlement

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  • #1 Multi-Vehicle Accident Settlement — California (2024)

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  • #1 Equipment Malfunction Settlement — California (2024)

    #1 Equipment Malfunction Settlement

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  • #1 Car v. Stationary Object Collision Settlement — California (2024)

    #1 Car v. Stationary Object Collision Settlement

    2024

  • #1 Bus v. Passenger Accident Settlement — California (2024)

    #1 Bus v. Passenger Accident Settlement

    2024

  • #1 Whistleblower Retaliation Settlement — California (2023)

    #1 Whistleblower Retaliation Settlement

    2023

  • #1 Underinsured Motorist Settlement — California (2023)

    #1 Underinsured Motorist Settlement

    2023

  • #1 Slip & Fall Accident Settlement — California (2023)

    #1 Slip & Fall Accident Settlement

    2023

  • #1 Negligent Security Settlement — California (2023)

    #1 Negligent Security Settlement

    2023

  • #1 Ladder Accident Settlement — California (2023)

    #1 Ladder Accident Settlement

    2023

  • #1 Hotel Premises Liability Settlement — California (2023)

    #1 Hotel Premises Liability Settlement

    2023

  • #1 Car v. Car Collision Settlement — California (2023)

    #1 Car v. Car Collision Settlement

    2023

  • #1 Bicycle Accident Settlement — California (2023)

    #1 Bicycle Accident Settlement

    2023

  • #1 Pregnancy Discrimination Settlement — California (2022)

    #1 Pregnancy Discrimination Settlement

    2022

  • #1 Age/Disability Discrimination Settlement — California (2022)

    #1 Age/Disability Discrimination Settlement

    2022

  • #1 Wrongful Termination Settlement — California (2022)

    #1 Wrongful Termination Settlement

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  • #1 Meal & Rest Breaks Settlement — California (2022)

    #1 Meal & Rest Breaks Settlement

    2022

*#1 settlements in California have been awarded by TopVerdict.com. Past results do not guarantee similar outcomes.

Workplace Retaliation Workplace Retaliation FAQs

Our Most Frequently Asked Questions

We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.

Ask about results in retaliation cases, how the firm handles the Labor Commissioner and Civil Rights Department steps, and whether it has an office near you. Wilshire Law Firm has a downtown office at 660 S. Figueroa Street, and our Los Angeles County retaliation results include a $1 million settlement; past results do not guarantee a similar outcome. Also ask who will handle your case day to day.

It depends on the law. A retaliation complaint to the Labor Commissioner is due within one year (Lab. Code § 98.7(a)). A FEHA complaint to the Civil Rights Department is due within three years (Gov. Code § 12960(e)(5)), and the lawsuit within one year after the right-to-sue notice (Gov. Code § 12965(c)(1)(D)). Because the shortest deadline can control, talk to a lawyer early.

Not for taking protected leave. If your employer has five or more employees and you've worked there more than 12 months and at least 1,250 hours in the past year, the California Family Rights Act gives you up to 12 weeks of leave and bars firing or punishing you for using it (Gov. Code § 12945.2(a), (k)).

It can be. The law covers any adverse action, not only firing, including cut hours, a demotion, a bad schedule or a pay cut (Lab. Code § 98.6(a)). If it happened within 90 days of a wage complaint or other protected activity under the Labor Commissioner's laws, retaliation is presumed unless the employer rebuts it (§ 98.6(b)(1)).

Not for a Labor Code retaliation claim: you can go straight to court unless the specific law requires an agency step first (Lab. Code § 244(a); see also § 98.7(g)). A FEHA claim is different: you file a complaint with the Civil Rights Department and receive a right-to-sue notice first (Gov. Code § 12965(c)(1)).

Lost wages and benefits, reinstatement, a civil penalty of up to $10,000 per violation paid to you under the Labor Code (Lab. Code § 98.6(b)(3), § 1102.5(f)), and in a lawsuit, emotional distress damages. The court can also order the employer to pay your attorney fees (§ 1102.5(j); Gov. Code § 12965(c)(6)).

Nothing up front. Wilshire Law Firm handles retaliation cases on contingency, so there are no fees unless you get paid. Case reviews are free and available 24/7.

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