Under California labor law, employees are protected from retaliation when they engage in certain legally protected activities. These activities are actions an employee has the right to take without fear of punishment, such as being demoted, fired, harassed, or otherwise mistreated by their employer. If an employer takes negative action in response to any of these protected activities, the employee may have grounds for a retaliation claim.

Common Examples of Protected Activities

• Reporting Discrimination or Harassment: Complaining about workplace discrimination or harassment based on race, sex, disability, age, religion, or other protected characteristics.
• Filing a Wage or Hour Complaint: Reporting violations of wage and hour laws, such as unpaid overtime, missed meal breaks, or minimum wage violations.
• Requesting Reasonable Accommodation: Asking for workplace adjustments due to a disability or religious belief under the ADA or FEHA.
• Whistleblowing: Reporting illegal activity or safety violations to authorities, whether internal or external (such as OSHA or the Labor Commissioner).
• Taking Family or Medical Leave: Requesting or taking leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).
• Participating in an Investigation or Lawsuit: Cooperating with or testifying in a workplace investigation or legal action, even if the case involves someone else.
• Discussing Wages with Coworkers: Talking about or comparing pay with colleagues, which is protected under California law.
• Refusing to Engage in Illegal Acts: Declining to participate in activities that violate the law or company policies.
• Filing a Workers’ Compensation Claim: Seeking benefits after a workplace injury or illness.

Why These Protections Exist

These protections encourage employees to speak up when something is wrong in the workplace without fear of retribution. They help maintain safe, fair, and lawful work environments. California law recognizes that without protection, employees may remain silent about illegal or unethical behavior.

What to Do If You Experience Retaliation

• Document the protected activity and any negative employer actions that followed
• Report retaliation internally if possible (e.g., to HR or a supervisor)
• File a complaint with the California Civil Rights Department (CRD) or the Labor Commissioner
• Contact an experienced employment attorney to explore your legal options

Get Help from an Employee Rights Attorney

If you’ve been retaliated against for engaging in a protected activity, you may be entitled to compensation. At California Labor Law Employment Attorneys Group, we are dedicated to protecting employee rights. We offer free consultations and work on a contingency basis—meaning you pay nothing unless we win your case.