If your employer punished you for speaking up, a California retaliation lawyer can help you hold it accountable. Abramson Labor Group represents employees, never employers, in retaliation claims under California’s Fair Employment and Housing Act (FEHA), the Labor Code, and federal law. Our case reviews are free and confidential, and we work on contingency.
Retaliation happens when an employer takes action against you because you did something the law protects. Under FEHA, it is unlawful to punish a person “because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part” (Government Code section 12940(h)). California courts look for three things: a protected activity, an adverse action by the employer, and a link between the two (Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028).
FEHA protects you when you oppose discrimination or harassment based on a protected trait, such as race, sex, disability, religion, or age. You do not have to be the person being mistreated. Speaking up for a coworker is also protected. If you asked for an accommodation, your employer cannot retaliate “regardless of whether the request was granted” (section 12940(m)(2)). See our pages on disability discrimination and racial discrimination.
An employer cannot retaliate against you for reporting what you reasonably believe is a violation of state or federal law, whether you report it to a government agency or to someone at work with authority to investigate or fix it (Labor Code section 1102.5(b)). Read more on our whistleblower page and in what to know if you were fired for whistleblowing.
No one may “discharge an employee or in any manner discriminate, retaliate, or take any adverse action” against an employee for asserting rights the Labor Commissioner enforces, such as a complaint about unpaid wages (Labor Code section 98.6(a)). That includes complaints about unpaid wages and overtime and talking about pay, explained in can you discuss wages with coworkers.
California protects employees who make a “bona fide oral or written complaint” about unsafe working conditions or work practices. An employer that fires, threatens, demotes, or suspends you for it must reinstate you and repay lost wages and benefits (Labor Code section 6310). Learn more in can my employer fire me for a safety complaint.
Filing a workers’ comp claim and taking protected family or medical leave are also protected. See can you be fired for filing workers’ comp and retaliation for taking family leave.
Firing is the most obvious form, but it is not the only one. The California Supreme Court held that an adverse action is one that “materially affect[s] the terms, conditions, or privileges of employment,” and that courts consider “the totality of the circumstances.” A pattern of smaller acts can count together, because there is “no requirement that an employer’s retaliatory acts constitute one swift blow” (Yanowitz).
Timing and the employer’s changing explanations often show the real reason. Our article on what counts as retaliation, with evidence and examples walks through how these cases are proven. If you were forced out, see constructive discharge in California.
For Labor Code complaints, timing carries special weight. If an employer takes a prohibited action within 90 days of the protected activity, “there shall be a rebuttable presumption in favor of the employee’s claim” (Labor Code section 98.6(b)(1)). The employer can still try to show a legitimate reason, but it starts with the burden. The same section allows a civil penalty of up to $10,000 per employee, awarded to the employee (section 98.6(b)(3)). Our article on workplace rights in California and the 90-day rule explains more.
Deadlines depend on the type of retaliation, and they are strict.
| Type of claim | Agency | General deadline |
|---|---|---|
| Retaliation for opposing discrimination or harassment (FEHA) | Civil Rights Department | 3 years |
| Retaliation for Labor Code complaints, including safety | Labor Commissioner | 1 year (Equal Pay Act: 2 years, 3 if willful) |
| Federal retaliation claims (Title VII) | EEOC | 300 days in California |
One firing can involve more than one claim, each with its own deadline. Choosing the wrong path can cost you rights, so it is worth talking to an employment lawyer early, before you file anything or sign a severance agreement.
We represent employees facing retaliation in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any settlement or verdict, and if there is no recovery, you owe no attorney fees. For what cases like this can be worth, see average settlements for retaliation lawsuits in California.
Possibly. Whistleblower protection covers reports of what you “reasonably” believe is a violation of law (Labor Code section 1102.5(b)), so the report does not have to be proven correct. The details matter, so have them reviewed.
Yes. You do not have to be fired. Demotions, cut hours, and a pattern of smaller acts can all count (Yanowitz).
Keep copies of anything you are allowed to keep: your complaint, emails, reviews before and after, schedules, and pay stubs. Write down dates and names while you remember them. Do not take confidential company files. Our guide on documenting workplace misconduct has more.
If your employer punished you for speaking up, we can review what happened and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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