You spoke up. The next day, your manager’s tone shifted. Weeks later, your hours dropped. This scenario is how retaliation unfolds and why lawmakers wrote California’s workplace retaliation law to protect you. California law recognizes that without protections, employees would remain silent, and workplace abuse would thrive.
At King & Siegel LLP, our LA workplace retaliation attorneys fight exclusively for employees. With degrees from the nation’s top law schools and recognition as Super Lawyers Rising Stars, we know how to hold employers accountable. If you believe your employer targeted you for speaking up, our team is ready to confront retaliation head-on and fight for the outcome you deserve.
What Is Workplace Retaliation?
Workplace retaliation happens when an employer punishes an employee for exercising a legal right. That punishment can be obvious, like firing someone after they file a complaint, or subtle, such as cutting hours, reassigning shifts, or creating a hostile environment that pressures the worker to quit. Under California workplace retaliation law, retaliation is unlawful whenever it discourages an employee from reporting misconduct, discrimination, or unsafe conditions. The goal of the law is clear: Workers must be able to speak up without fear of payback.
What Is Workplace Retaliation Law?
Workplace retaliation law refers to the body of state and federal protections that prohibit employers from punishing workers for exercising legal rights. In California, the rules are broad and include the following:
- California Fair Employment and Housing Act (FEHA), Gov. Code § 12940(h). This law bars retaliation against employees who oppose discrimination or harassment or assist in related investigations.
- California Labor Code § 1102.5. This code protects whistleblowers who report violations of state or federal law.
- California Labor Code §6311. This is meant to prohibit retaliation against employees who report unsafe working conditions or refuse to work in hazardous environments.
- Title VII of the Civil Rights Act of 1964. This federal statute bans retaliation for reporting or participating in discrimination claims.
- Sarbanes-Oxley Act & Dodd-Frank Act. These federal protections safeguard employees reporting corporate fraud or securities violations in certain industries.
Together, these laws aim to ensure that employees can voice concerns without fear of punishment.
What Are the Signs of Workplace Retaliation?
Retaliation rarely comes with an admission. Instead, it manifests in patterns of behavior. Common examples include:
- Termination or demotion soon after filing a complaint;
- Reduced hours, pay cuts, or loss of shifts without legitimate business reasons;
- Exclusion from meetings, training, or advancement opportunities;
- Sudden poor performance reviews after a history of positive evaluations; and
- Harassment or hostility designed to pressure the employee into quitting.
When tied to protected activity, each of these actions can amount to unlawful retaliation. California courts look for evidence of timing, documentation, and inconsistencies in the employer’s explanations to determine whether retaliation occurred.
What Remedies Are Available Under Workplace Retaliation Law?
California workplace retaliation law provides meaningful remedies to repair the professional and financial damage caused by employer retaliation. Employees may be entitled to:
- Back pay for lost wages;
- Front pay, when reinstatement is not feasible;
- Compensation for emotional distress;
- Punitive damages, in cases of especially egregious conduct; and
- Workplace retaliation attorney fees and costs under statutes like FEHA.
These remedies reinforce the principle that retaliation undermines both individual dignity and public policy and aim to dissuade employers from engaging in such action in the future.
How Do I Prove a Case Under California Workplace Retaliation Law?
To succeed in a retaliation claim, employees must establish three elements:
- Protected activity. You engaged in a lawful act such as reporting discrimination, filing a wage claim, or complaining about safety violations.
- Adverse action. Your employer fired you, demoted you, cut your pay, or otherwise penalized you.
- Causal link. Evidence shows that the adverse action was connected to your protected activity.
Once an employee makes this showing, the burden shifts to the employer to present a legitimate, non-retaliatory reason for their actions. Courts then examine whether that justification is pretextual, i.e., hiding their retaliatory intent.
How Can King & Siegel Help Me?
Retaliation cases often involve complex channels, including administrative filings, agency investigations, and occasionally, full trials. Each stage demands precision, strategy, and evidence. At King & Siegel LLP, our attorneys guide employees through every phase of the process, focusing on achieving results. Here is what we can do:
- Evaluate your case. We review the facts, documents, and timelines to determine whether retaliation occurred under California workplace retaliation law.
- Navigate administrative filings. Our team handles complaints with the California Civil Rights Department (CRD), the EEOC, or the Labor Commissioner, helping you meet all deadlines and procedures.
- Build strong evidence. We gather records, witness statements, and expert testimony to prove the link between protected activity and retaliation.
- Negotiate settlements. Many cases resolve before trial. We use experience and leverage to secure favorable outcomes without prolonged litigation.
- Litigate aggressively. If a settlement is not possible, we are ready for court. With more than $45 million recovered for employees in four years, our trial record speaks for itself.
- Support diverse communities. Our Spanish-speaking staff and commitment to accessibility make legal help available to more California workers.
By combining top-tier legal training with a reputation for results, King & Siegel provides employees with the firepower needed to stand up against unlawful retaliation.
Take the Next Step with King & Siegel LLP
Facing retaliation is not only stressful but also isolating. At King & Siegel, we bring both legal skill and empathy to the fight, including:
- Proven results—tens of millions secured for employees over the last five years;
- Elite training—attorneys educated at Harvard, Columbia, and NYU with experience at the nation’s top litigation firms; and
- Reputation—recognized as Super Lawyers Rising Stars, with a 10.0 Avvo rating.
We also offer complimentary, 30-minute consultations to assist you in evaluating your situation and determining the next steps. Better yet, our team’s proactive, strategic approach reduces the stress of litigation while fighting for your goals.
If you believe you are experiencing retaliation, time is critical. Statutes of limitation may be as short as one year, and evidence can vanish quickly. Call us today to schedule your consultation and put experienced, employee-focused advocates on your side.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.