California Workplace Retaliation Lawyer

California has no single anti-retaliation law. Several laws each protect a different activity:

• Opposing discrimination or harassment: also filing a complaint, testifying, or assisting in a proceeding under the Fair Employment and Housing Act (Government Code §12940(h)). See our employment discrimination and workplace harassment pages.
• Reporting a violation of law, or refusing to take part in one (Labor Code §1102.5(b), (c)). The protection also covers giving information to, or testifying before, a public body that is conducting an investigation, hearing, or inquiry. It holds even if disclosing the information is part of your job, and even if the employer only believes you disclosed it or may disclose it. It also covers these rights when you exercised them in a former job (§1102.5(d)). For a refusal, the jury instructions say the activity must be one that would actually result in a violation (CACI No. 4603).
• Claiming your wages or using a Labor Code right: for example, complaining orally or in writing that you are owed wages, filing a claim with the Labor Commissioner, or starting a PAGA notice (Labor Code §98.6(a)). See our unpaid wages page.
• Reporting a hazard at work: a bona fide oral or written complaint about unsafe working conditions or work practices (Labor Code §6310(b)).
• Using accrued paid sick days (Labor Code §246.5(c)). See our leave of absence page.
• Requesting a reasonable accommodation for a disability (Government Code §12940(m)(2)). See our disability discrimination page.
• Filing a workers' compensation claim, or making known that you intend to file one (Labor Code §132a).
• Acting to enforce the Equal Pay Act (Labor Code §1197.5(k)(1)). See our equal pay page.

According to the Labor Commissioner, employees, former employees, and job applicants who have suffered retaliation may file a retaliation complaint with that office. Several of the laws on this list also protect an employee whose family member was the one who complained (Labor Code §§98.6(e), 1102.5(h), 6310(c)). If you were retaliated against, you may be able to file a complaint with a state agency, pursue a civil claim, and seek compensation for lost wages, emotional distress, and other harm. Because rights vary by situation, a legal professional can confirm which ones apply to you.

What has to be proven, and by whom, changes with the law involved:

• FEHA: the employee must prove that the protected activity was a substantial motivating reason for the employer's decision (CACI No. 2505). It does not have to be the only reason, but it must be more than a remote or trivial one (CACI No. 2507).
• Whistleblower reports: the employee first shows, by a preponderance of the evidence, that the protected activity was a contributing factor in the action taken against them. The employer then has the burden to show, by clear and convincing evidence, that the action would have occurred for legitimate, independent reasons even without that activity (Labor Code §1102.6).
• Wage complaints: a rebuttable presumption favors the employee's claim if the employer takes a prohibited action within 90 days of activity that Labor Code §98.6 protects (Labor Code §98.6(b)(1)). The Equal Pay Act has a matching 90-day presumption (Labor Code §1197.5(k)(1)).
• Paid sick days: there is a rebuttable presumption of unlawful retaliation if the employer takes an action that law prohibits, such as a discharge, demotion, or suspension, within 30 days of certain acts by the employee. Those acts are filing a complaint or alleging a violation, cooperating with an investigation or prosecution, and opposing a practice the paid sick leave law prohibits (Labor Code §246.5(c)(2)).

A rebuttable presumption is one the employer may try to overcome with evidence.

The jury instructions add a point about FEHA. An employee does not have to prove discrimination or harassment to be protected from retaliation. An employee who reasonably believed the employer's conduct was unlawful may prevail on a retaliation claim without presenting, or prevailing on, a separate claim for discrimination or harassment (CACI No. 2505).

The law prohibits it. The Labor Commissioner explains that a retaliation claim may exist when an employer punishes a worker because of a protected safety and health activity (Labor Code §6310, §6311). Those activities include:

• Complaining about safety or health conditions or practices at work, for yourself or for coworkers.
• Reporting a work injury to your employer.
• Testifying in a safety and health proceeding, or taking part in a workplace safety and health committee.
• Refusing work that would violate a safety standard, when the violation would create a real and apparent hazard to you or your coworkers.

An employee who is punished for a bona fide complaint about unsafe working conditions or work practices is entitled to reinstatement and reimbursement of lost wages and work benefits (§6310(b)).

A workers' compensation claim has its own protection. According to the Division of Workers' Compensation, it is illegal for an employer to punish or fire you for having a job injury. The same is true for requesting workers' compensation benefits when you believe your job caused the injury. The division also says you do not have to be a legal resident of the United States to receive most workers' compensation benefits. If someone other than your employer caused the injury, see our workplace accident page.

The threat does not leave you without protection under California law:

• The threat counts by itself: reporting, or threatening to report, an employee's suspected citizenship or immigration status to a federal, state, or local agency is an adverse action for purposes of establishing a violation of the employee's rights. The same applies to a former employee and a job applicant, and to a report about a family member's status. The condition is that it is done because the employee, former employee, or applicant exercised a right under the Labor Code, the Government Code, or the Civil Code (Labor Code §244(b)).
• Not only employers: no one may use unfair immigration-related practices to retaliate against someone for exercising a right under the Labor Code or a local ordinance that applies to employees (Labor Code §1019). When done for that purpose, contacting immigration authorities, or threatening to, is one of those practices.
• The rights that section protects: they include filing a complaint in good faith about a violation, seeking information about whether the employer complies with the law, and informing another person of their rights.

Our employment discrimination page lists each of those practices and explains the 90-day presumption of retaliation. The Labor Commissioner's Retaliation Complaint Investigation Unit investigates unfair immigration-related practices, and complaints go to that unit. The Labor Commissioner says it will not question employees' immigration status or report it to other government agencies. The law also lets that office investigate without a complaint, including when it suspects immigration-related threats (Labor Code §98.7(a)(2)).

One limit is worth knowing. State-law protections apply regardless of immigration status, except for a reinstatement remedy that federal law prohibits (Labor Code §1171.5; Civil Code §3339).

Employees who prove unlawful retaliation can generally recover both economic and non-economic damages. These commonly include lost wages and benefits, front pay, emotional distress damages, and in some cases reinstatement to your position. What else is available depends on the law that was violated:

• Wage complaints and other activity under Labor Code §98.6: reinstatement and reimbursement of the wages and work benefits lost because of the retaliation. The employer is also liable for a civil penalty of up to $10,000 per employee for each violation, awarded to the employee who suffered it (Labor Code §98.6(b)(1), (b)(3)).
• Whistleblower reports: in addition to other remedies, a civil penalty of up to $10,000 per employee for each violation, awarded to the employee who was retaliated against. The court is authorized to award reasonable attorney's fees to a plaintiff who brings a successful action (Labor Code §1102.5(f)(1), (j)).
• FEHA: the court may, in its discretion, award reasonable attorney's fees and costs to the prevailing party. A prevailing defendant is awarded them only if the court finds the action was frivolous, unreasonable, or groundless when brought, or that the plaintiff continued to litigate after it clearly became so (Government Code §12965(c)(6)).
• Unfair immigration-related practices: the person affected, or a representative, may bring a civil action for equitable relief and any applicable damages or penalties. A person who was the subject of the practice and prevails recovers reasonable attorney's fees and costs (Labor Code §1019(d)).
• Workers' compensation claims: the employee's compensation is increased by one-half, but by no more than $10,000, plus costs and expenses of up to $250. The employee is also entitled to reinstatement and reimbursement of lost wages and work benefits (Labor Code §132a).

Punitive damages are separate. They require clear and convincing evidence of oppression, fraud, or malice. When the conduct was an employee's, the statute sets added conditions before the employer is liable for them (Civil Code §3294). A legal professional can review your losses during a free case review, since every case is different.

It depends on the law that protects what you did:

• Labor Commissioner: its Retaliation Complaint Investigation Unit takes complaints under the laws that office enforces, such as those on wages, whistleblower reports, workplace safety, and paid sick days. A complaint can be filed online. According to that office, no Social Security number or photo identification is needed. If it determines a violation occurred, it may direct the employer to remedy it, for example through reinstatement and reimbursement of lost wages with interest (Labor Code §98.7(c)(1)).
• California Civil Rights Department (CRD): it takes complaints of retaliation tied to discrimination or harassment under FEHA. According to the CRD, you must file that complaint even if you wish to go directly to court.
• Workers' Compensation Appeals Board: it decides petitions for retaliation tied to a workers' compensation claim. Those cases do not go to the Labor Commissioner.

To sue under the Labor Code, you are not required to exhaust administrative remedies first, such as a Labor Commissioner complaint. The exception is a section that expressly requires it, and the rule does not change the notice PAGA requires before a lawsuit (Labor Code §244(a)). One act of retaliation can fall under more than one law, so it helps to review the options before choosing.

These steps can help protect your case:

1. Write down the date of your complaint or report, who received it, and what you said.
2. Write down each action taken against you afterward, with the date and the name of the person who decided it.
3. If your complaint was spoken, repeat it in writing and keep a copy.
4. Keep your reviews, schedules, and pay stubs from before and after the complaint.
5. Check your deadlines before more time passes.

Once you hire us, we handle communications with the employer and its lawyers, and we keep you informed.

Two past settlements from our California retaliation cases:

• $500,000 (2023, Fresno): an employee alleged being fired after an ethics complaint about patient privacy violations. The claims included discrimination and wrongful termination.
• $340,000 (2025, Santa Clara County): an employee alleged being fired after complaining to human resources about a manager. The employer raised performance concerns after the complaint.

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