Retaliation at work occurs when an employer punishes an employee for engaging in legally protected activity. Under California Labor Law, retaliation is strictly prohibited, and employees who experience it may have grounds for legal action. Protected activities include reporting discrimination, harassment, wage violations, unsafe working conditions, or participating in investigations or legal proceedings related to workplace rights.

Examples of Protected Activities

• Filing a complaint about workplace discrimination or harassment
• Reporting wage theft or unpaid overtime
• Requesting reasonable accommodation for a disability
• Whistleblowing about illegal or unsafe practices
• Participating in a workplace investigation or lawsuit

Forms of Workplace Retaliation

Retaliation can take many forms. It doesn’t have to be limited to firing or demotion. In fact, any adverse employment action taken in response to a protected activity may qualify. Examples include:

• Termination or demotion
• Reduction in hours or pay
• Negative performance reviews or disciplinary actions
• Unjustified denial of promotions or raises
• Hostile behavior or sudden changes in job duties

How California Law Protects You

California’s Fair Employment and Housing Act (FEHA) and various sections of the California Labor Code prohibit employers from retaliating against employees for asserting their rights. These laws apply to both public and private employers and protect workers regardless of immigration status.

Proving Retaliation

To prove a retaliation claim, an employee generally must show the following:

• They engaged in a protected activity
• The employer took adverse action against them
• There is a causal connection between the protected activity and the adverse action

Timing is often a key factor. If the retaliation occurred shortly after the protected activity, that timing may help support the claim.

What to Do If You’ve Been Retaliated Against

• Document all incidents, communications, and changes in employment status
• Report the retaliation to HR or a manager, if safe to do so
• File a complaint with the California Civil Rights Department (CRD) or the Labor Commissioner
• Consult an employment attorney for guidance on legal options

Legal Remedies for Retaliation

• Reinstatement to your former position
• Back pay and lost benefits
• Compensation for emotional distress
• Attorneys’ fees and legal costs
• In some cases, punitive damages

Speak With an Employment Attorney

If you believe you’ve been retaliated against, you don’t have to face it alone. At California Labor Law Employment Attorneys Group, we fight for employee rights across the state. Contact us today for a free consultation. You pay nothing unless we win your case.