A Los Angeles retaliation lawyer at Abramson Labor Group represents employees who were fired, demoted or pushed out after they complained, reported a violation or took protected leave. California law protects reports of discrimination, unpaid wages, unsafe conditions and suspected illegal conduct (Gov. Code 12940(h); Labor Code 98.6, 1102.5, 6310). Workers generally have three years to file a FEHA retaliation complaint with the Civil Rights Department (Gov. Code 12960(e)(5)). We work on contingency, and the case review is free.
Key Takeaways
- FEHA makes it illegal to fire or punish anyone for opposing discrimination or harassment, or for filing a complaint, testifying or assisting in a proceeding (Gov. Code 12940(h)).
- Labor Code 1102.5 protects workers who report a suspected violation of law. Once you show the report was a contributing factor, the employer must prove by clear and convincing evidence that it would have acted anyway (Labor Code 1102.6).
- Punishment within 90 days of a wage complaint creates a legal presumption of retaliation (Labor Code 98.6(b)(1)).
- Deadlines depend on the law. FEHA retaliation allows three years to file with the Civil Rights Department (CRD). A Labor Commissioner retaliation complaint has a one-year deadline (Gov. Code 12960(e)(5), Labor Code 98.7(a)(1)).
- Retaliation does not require a firing. FEHA also bars an employer from “otherwise” discriminating against you for speaking up (Gov. Code 12940(h)).
Why Los Angeles Employees Choose Abramson Labor Group
Abramson Labor Group is an employment law firm that represents workers, not employers. As Los Angeles workplace retaliation lawyers, we take cases from across Los Angeles County, and the firm’s record is public.
- 4.5 stars across more than 2,000 Google reviews (as of November 2026).
- Documented results include $1.7M for a wrongful termination client, $1.5M for a sexual harassment client, and $500K and $270K for pregnancy discrimination clients. See our case results. Past results do not guarantee a similar outcome.
- Founding partner Zev Abramson started the firm in 2015. He earned his J.D. at Loyola Law School and belongs to the California Employment Lawyers Association and the Consumer Attorneys Association of Los Angeles.
- Consultations in English and Spanish, with intake in Armenian.
- Contingency fees: you pay no attorney fees unless we recover money for you.
What Counts as Retaliation in California?
Retaliation happens when an employer punishes you because you used a right the law protects. A claim usually has three parts: you did something protected, the employer took action against you, and the protected activity was a reason for that action. California spreads these protections across several laws, so the right statute depends on what you did.
| What you did | Law that protects it |
|---|---|
| Complained about discrimination or harassment, or helped in an investigation | Gov. Code 12940(h) |
| Asked for a disability or religious accommodation | Gov. Code 12940(m)(2), (l)(4) |
| Reported a suspected violation of law to a government agency or to someone at work with authority to investigate it | Labor Code 1102.5(b) |
| Refused to take part in something that would break the law | Labor Code 1102.5(c) |
| Complained about unpaid wages or filed a wage claim | Labor Code 98.6(a) |
| Reported unsafe working conditions | Labor Code 6310 |
| Took or asked for family or medical leave under CFRA | Gov. Code 12945.2(k)(1) |
| Used paid sick days or complained about sick leave rights | Labor Code 246.5(c) |
| Told coworkers what you earn | Labor Code 232(c) |
| Shared information about working conditions | Labor Code 232.5(c) |
| Served on a jury, appeared as a witness, or took leave as a crime victim | Gov. Code 12945.8 |
| Filed or planned to file a workers’ compensation claim | Labor Code 132a |
What Does Retaliation Look Like at Work?
- Firing, or a layoff that somehow includes only you
- A demotion, a pay cut or fewer hours
- Worse shifts, a transfer or a schedule that no longer works for you
- Sudden write-ups after years of good reviews
- Being cut out of meetings, clients or projects you used to run
- A manager who becomes openly hostile after your complaint
For more examples and the evidence that proves them, read what counts as retaliation under California law.
How Do You Prove Retaliation in California?
Employers rarely admit they punished someone for complaining, so retaliation cases rest on timing and records. The law helps in two situations. For whistleblower claims, Labor Code 1102.6 shifts the burden: once you show your report was a contributing factor, the employer must prove by clear and convincing evidence that it would have made the same decision anyway. For wage complaints, action within 90 days creates a rebuttable presumption of retaliation (Labor Code 98.6(b)(1)).
| Evidence | Why it matters |
|---|---|
| The date of your complaint or report | Sets the start of the timeline the case is built on |
| What changed afterward, and when | Close timing between the complaint and the punishment suggests a link |
| Performance reviews before the complaint | Good reviews undercut a sudden “poor performance” story |
| How coworkers who did not complain were treated | Shows whether the same rule was applied to you differently |
| Emails, texts and meeting notes | Can show who knew about your complaint and how they reacted |
| Changing explanations | Shifting reasons can show the stated reason is not the real one |
What Should You Do Now?
- Put complaints in writing, such as an email to HR, so there is a date on record.
- Keep a private log of each change after the complaint: date, what happened and who was there.
- Save your own pay stubs, schedules, reviews and any termination letter.
- List coworkers who saw what happened.
- Ask a lawyer before you copy company files, since some documents may be confidential.
Retaliation After Medical Leave or Whistleblowing
Two situations come up often in Los Angeles retaliation searches. The first is punishment after medical or family leave. California’s family leave law, CFRA, makes it unlawful to fire, suspend or discriminate against an employee for taking that leave (Gov. Code 12945.2(k)(1)). Our guide to retaliation for taking FMLA leave explains them. The second is punishment after reporting fraud, safety problems or other illegal conduct. Labor Code 1102.5 protects that report whether you made it to a government agency or to a supervisor with authority to investigate. If that is your situation, read what to do if you were fired for whistleblowing.
What Can You Recover in a Retaliation Case?
A retaliation claim can recover lost pay, compensation for emotional distress and, in some cases, punitive damages, penalties and attorney fees. No honest lawyer can quote an average. The value depends on the pay you lost, how long you were out of work, the evidence and how the employer acted. Our post on the average settlement for a retaliation lawsuit walks through the factors.
| Type of recovery | What it covers |
|---|---|
| Lost wages and benefits | Pay, bonuses and benefits lost because of the retaliation |
| Emotional distress | Anxiety, humiliation and other harm the retaliation caused |
| Punitive damages | Available only with clear and convincing proof of oppression, fraud or malice (Civ. Code 3294) |
| Civil penalty for wage-complaint or whistleblower retaliation | Up to $10,000 per employee for each violation (Labor Code 98.6(b)(3), 1102.5(f)(1)) |
| Reinstatement and lost wages for safety complaints | Labor Code 6310(b) |
| Workers’ comp retaliation | Compensation increased by one-half, up to $10,000, plus reinstatement and lost wages (Labor Code 132a) |
| Attorney fees and costs | A court may award fees to an employee who wins a FEHA or whistleblower claim (Gov. Code 12965(c)(6), Labor Code 1102.5(j)) |
How Long Do You Have to File a Retaliation Claim in California?
The deadline depends on which law the employer broke. Some online summaries give only one year to file a CRD complaint. For FEHA retaliation, the statute allows three years from the retaliatory act (Gov. Code 12960(e)(5)). After the CRD issues a right-to-sue notice, you have one year from that notice to file in court (Gov. Code 12965(c)(1)(D)). If you file a retaliation complaint with the Labor Commissioner, the deadline is one year, and it can be extended for good cause (Labor Code 98.7(a)(1)). You do not have to use that Labor Commissioner process before going to court on those claims (Labor Code 98.7(g)). Workers’ compensation retaliation claims go to the Workers’ Compensation Appeals Board and must be filed within one year (Labor Code 132a). Federal charges with the EEOC run on 180 or 300 days (42 U.S.C. 2000e-5(e)(1)). Evidence fades faster than any of these deadlines, so get advice early.
How Does a Los Angeles Retaliation Case Move Forward?
- Free case review. A member of our team learns what you reported, what changed afterward and which records you have.
- Choosing the right law. We match your protected activity to the statute that covers it, since deadlines and proof rules differ.
- Agency filing where required. FEHA claims go through the CRD for a right-to-sue notice. Many Labor Code claims can go straight to court.
- Lawsuit. You can file a FEHA case in any county where the retaliation is alleged to have happened, where the records are kept, or where you would have worked (Gov. Code 12965(c)(3)). For a Los Angeles job, that usually means Los Angeles County Superior Court.
- Evidence exchange, mediation and settlement or trial.
What Should You Look For in a Los Angeles Retaliation Attorney?
The right Los Angeles retaliation lawyer represents employees, knows which statute fits each kind of complaint, and can show real results. Ask these questions before you sign:
- Does the firm represent only employees, or employers too?
- Has the firm handled retaliation tied to your kind of complaint, such as wages, safety or harassment?
- Can the firm point to published results and verified reviews?
- Will the case be prepared for trial if the employer will not settle?
- Is the fee contingency-based and explained in writing?
Retaliation Claims Across Los Angeles County
Retaliation follows the complaints each industry produces. Restaurant and hotel workers often complain about tips, breaks and overtime. Warehouse and logistics workers near the ports report safety problems. Hospital staff raise patient-care concerns, and production crews in Burbank and Hollywood report harassment on set. City, county and school district employees can face extra notice steps for some claims, so they should get advice early.
We represent workers from downtown Los Angeles, Hollywood, the San Fernando Valley, the Westside, South LA and the San Gabriel Valley. Our office is in Burbank, near Glendale. For other workplace problems, see our Los Angeles employment lawyers page, our Los Angeles sexual harassment lawyer page, or our California employment lawyers page if you worked elsewhere in the state. For statewide background, read our overview of California workplace retaliation law.
Frequently Asked Questions
Can you sue for retaliation in California?
Yes. For FEHA retaliation, you file with the CRD first and then have one year from the right-to-sue notice to file in court (Gov. Code 12965(c)(1)(D)). For many Labor Code retaliation claims, you can go to court without first filing with the Labor Commissioner (Labor Code 98.7(g)).
How much is a retaliation claim worth in California?
There is no fixed amount. Lost pay, time out of work, emotional distress and the strength of the evidence drive the value. Punitive damages require clear and convincing proof of oppression, fraud or malice (Civ. Code 3294).
What qualifies as a retaliation claim?
You need a protected activity, such as a complaint about discrimination, wages or safety, followed by action against you, such as a firing or demotion. Then you need a link between the two. Timing, changed treatment and shifting explanations usually supply that link.
What is the new law in California for retaliation?
Since January 1, 2024, Senate Bill 497 has made action against an employee within 90 days of a wage complaint presumed to be retaliation. The same presumption applies to equal pay complaints (Labor Code 98.6(b)(1), 1197.5(k)(1)). The employer can still try to rebut it. A separate 30-day presumption protects employees who complain about sick leave rights (Labor Code 246.5(c)(2)).
What is not considered retaliation?
Discipline that began before you complained, follows a written policy and matches how coworkers are treated may not be retaliation. A general complaint about a manager’s personality, unrelated to any legal right, may also fall outside these laws.
What are three examples of retaliation?
A server who complains about missing tips and then loses her best shifts. A warehouse worker who reports a broken forklift and is written up the next week. An office employee who joins a harassment investigation and is left out of a promotion.
Who is protected from retaliation?
FEHA bars retaliation against “any person” who opposed discrimination or took part in a proceeding (Gov. Code 12940(h)). That reaches employees, and also coworkers who serve as witnesses.
How do I file a retaliation claim in California?
For FEHA retaliation, you file an intake form with the CRD, which counts as filing (Gov. Code 12960(b)). For Labor Code retaliation, you can file with the Labor Commissioner within one year (Labor Code 98.7(a)(1)). A lawyer can choose the right path and file for you.
What is the difference between retaliation and discrimination?
Discrimination is punishment because of who you are, such as your race, age or disability. Retaliation is punishment because of what you did, such as complaining or reporting a violation. You can have both claims at once.
Can I get a free consultation with a retaliation lawyer in Los Angeles?
Yes. Our case evaluation is free, and you can request it online or by phone. A member of our team will ask what you reported, when, and what changed afterward.
How much does a retaliation lawyer cost in Los Angeles?
We work on contingency: you do not pay anything unless we win. The case evaluation is free, and you will not pay for legal counsel or court fees out of pocket. Our fee is a share of any settlement or verdict, and if there is no recovery, you owe no attorney fees. Read more about how contingency fees work in California.
Talk to a Los Angeles Retaliation Lawyer
If you were fired, demoted or treated worse after you spoke up, we can review what happened at no cost. Request a free case evaluation, send us a message or call (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: November 2026
This page provides general information, not legal advice. Reading it does not create an attorney-client relationship.