California Workplace Retaliation Lawyer
Table of Contents
- Why Employees Choose Abramson Labor Group
- What Counts as Retaliation in California?
- What Does Retaliation Look Like?
- Is It Hard to Win a Retaliation Case?
- The 90-Day Presumption
- What Can You Recover in a California Retaliation Case?
- How Long Do I Have to Act?
- What to Look For in a Workplace Retaliation Lawyer
- Serving Employees Across California
- Frequently Asked Questions
- How much does a workplace retaliation attorney cost?
- Can you sue for retaliation in California?
- Can I end up paying my employer’s attorney fees if I lose?
- Is retaliation the same as whistleblowing?
- Do I have a case if my complaint turned out to be wrong?
- Can I be retaliated against if I am still employed?
- What should I keep as evidence?
- Request a Free Case Review
- California law bars employers from punishing you for opposing discrimination or harassment, or for filing a complaint, testifying, or helping with an investigation.
- Reporting a suspected violation of law, refusing to break the law, complaining about workplace safety, and asserting your Labor Code rights are also protected.
- If your employer acts against you within 90 days of a protected Labor Code complaint, the law presumes the action was retaliation.
- In a whistleblower case, once you show your report was a contributing factor, the employer must prove its reason by clear and convincing evidence.
- Retaliation is more than firing. A series of smaller acts, like cut hours, worse shifts, and unfair reviews, can count together.
- Deadlines differ by claim: generally 3 years with the Civil Rights Department and 1 year with the Labor Commissioner.
If your employer punished you for speaking up, a workplace 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.
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Founding Partner
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Employees Choose Abramson Labor Group
- Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Documented results, including $380,000 in a retaliation and racial discrimination case. See our case results. Past results do not guarantee a similar outcome.
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
What Counts as Retaliation in California?
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).
- Complaining about discrimination or sexual harassment, for yourself or a coworker
- Filing a complaint, testifying, or helping in an investigation
- Asking for a disability or religious accommodation, even if it is denied
- Reporting what you reasonably believe is a violation of law
- Refusing to take part in something that would break the law
- Complaining about unsafe working conditions
- Complaining about unpaid wages, overtime, or other Labor Code rights
Discrimination and harassment complaints
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.
Whistleblowing and refusing to break the law
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. The protection applies “regardless of whether disclosing the information is part of the employee’s job duties” (Labor Code section 1102.5(b)). The same law protects you for “refusing to participate in an activity that would result in a violation” of a statute or regulation (section 1102.5(c)). Read more on our whistleblower page and in what to know if you were fired for whistleblowing.
Wage and Labor Code complaints
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.
Safety complaints
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.
Workers’ compensation and leave
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.
What Does Retaliation Look Like?
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).
- Being fired, demoted, or suspended soon after you spoke up
- Cut hours or worse shifts that others did not get
- Sudden poor reviews after a history of good ones
- Being left out of meetings, training, or promotions
- Closer scrutiny or write-ups for things others are not disciplined for
- Being pushed to quit through intolerable conditions
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.
Is It Hard to Win a Retaliation Case?
It depends on which law applies, because each one sets a different burden of proof. Employers rarely admit retaliation. They usually point to another reason, such as performance or a reorganization. Your case often turns on whether that reason holds up against the timing, your work record, and how the employer treated others.
| Law | What you show first | What the employer must do |
|---|---|---|
| FEHA (discrimination and harassment complaints) | A protected activity, an adverse action, and a link between them | Offer “a legitimate, nonretaliatory reason.” You then prove intentional retaliation (Yanowitz). |
| Labor Code 1102.5 (whistleblowing) | Your report was “a contributing factor” in the decision | Prove “by clear and convincing evidence” it would have acted anyway for legitimate, independent reasons (Labor Code section 1102.6) |
| Labor Code 98.6 (wage and other Labor Code complaints) | A protected complaint and an adverse action. If the action came within 90 days, a presumption helps you. | Overcome a “rebuttable presumption in favor of the employee’s claim” (section 98.6(b)(1)) |
The whistleblower standard favors employees. In 2022 the California Supreme Court held that section 1102.6 is the governing framework for these claims and that a worker “need not satisfy McDonnell Douglas,” the older three-step test (Lawson v. PPG Architectural Finishes, Inc. (2022)). Many retaliation cases fit more than one law, so a workplace retaliation lawyer can look at which path gives you the strongest footing.
The 90-Day Presumption
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.
What Can You Recover in a California Retaliation Case?
No law sets a fixed value for a retaliation case. What you can recover depends on the law you sue under and on your losses, such as lost pay and the harm the retaliation caused. California law provides several remedies:
- FEHA claims: state remedies include “Back pay (past lost earnings),” “Front pay (future lost earnings),” reinstatement, out-of-pocket expenses, “Damages for emotional distress,” punitive damages, and attorney’s fees and costs (Civil Rights Department). The California Supreme Court confirmed that FEHA allows “all relief generally available in noncontractual actions,” including punitive damages (Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal.3d 211). The court may award reasonable attorney’s fees and costs to the prevailing party (Government Code section 12965(c)(6)).
- Whistleblower claims: a civil penalty of up to $10,000 per employee for each violation, “awarded to the employee who was retaliated against,” plus reasonable attorney’s fees when you win (Labor Code section 1102.5(f) and (j)).
- Labor Code complaints: a civil penalty of up to $10,000 per employee under section 98.6(b)(3).
- Safety complaints: “reinstatement and reimbursement for lost wages and work benefits” (Labor Code section 6310(b)).
Our firm recovered $380,000 for a client in a retaliation and racial discrimination case. Past results do not guarantee a similar outcome. For typical ranges, see average settlements for retaliation lawsuits in California.
How Long Do I Have to Act?
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 a workplace retaliation lawyer early, before you file anything or sign a severance agreement.
What to Look For in a Workplace Retaliation Lawyer
- Employee-side focus. A firm that represents only workers has no conflict with your employer’s side.
- California law knowledge. FEHA, the Labor Code, and California court decisions often protect you more than federal law.
- Related claims. Retaliation often comes with discrimination, harassment, unpaid wages, or wrongful termination.
- Clear fees. Ask how the lawyer is paid before you sign anything.
Serving Employees Across California
We represent employees facing retaliation in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.
Frequently Asked Questions
How much does a workplace retaliation attorney cost?
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.
Can you sue for retaliation in California?
Yes. For a FEHA claim, you first file with the Civil Rights Department and get a right-to-sue notice. You then have “one year from the date of that notice” to file in court (Government Code section 12965(c)(1)(D)). Other retaliation laws have their own steps, so the right path depends on what you reported.
Can I end up paying my employer’s attorney fees if I lose?
Only in limited cases under FEHA. An employer that wins gets fees only if the court finds the case “was frivolous, unreasonable, or groundless when brought,” or that you kept going after it clearly became so (Government Code section 12965(c)(6)). Losing alone does not meet that standard.
Is retaliation the same as whistleblowing?
No. Whistleblowing is one kind of protected activity, reporting a suspected violation of law. Retaliation is the employer’s punishment for any protected activity, including a harassment complaint, a leave request, or a wage claim. When an employer punishes a whistleblower, the worker has a retaliation claim under Labor Code section 1102.5.
Do I have a case if my complaint turned out to be wrong?
Possibly. Whistleblower protection covers reports made with “reasonable cause to believe” the information shows 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.
Can I be retaliated against if I am still employed?
Yes. You do not have to be fired. Demotions, cut hours, and a pattern of smaller acts can all count (Yanowitz). Our guide on suing your employer while still employed covers what protects your job.
What should I keep as evidence?
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.
Request a Free Case Review
If your employer punished you for speaking up, a workplace retaliation lawyer at our firm can review what happened and explain your options. Request your free case evaluation, contact us, 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.