Retaliation Lawyer in California
Dedicated advocacy for California workers punished by their employers for doing the right thing.
- Last Updated:
You complained about something illegal at work. You reported a safety hazard. You took medical leave. You asked to be paid for all your hours. And then your employer fired you. Or cut your hours. Or gave you a bad review. That is retaliation. And it is illegal under California law. Employers cannot punish workers for exercising their legal rights. When they do a retaliation lawyer helps you fight back. You can recover your job your lost wages and more.
California workers commonly experience retaliation in these forms:
- Getting fired one week after filing a workers compensation claim
- Having your hours cut after you complained about unsafe conditions
- Receiving a bad performance review for the first time after taking family leave
- Being demoted after you reported wage theft to your boss
- Getting transferred to the night shift after asking for a reasonable accommodation
- Being harassed or isolated after you refused to work off the clock
- Receiving threats about your job after you filed a Cal/OSHA complaint
- Getting laid off while other workers with no complaints kept their jobs
At Setareh Law our retaliation lawyers help California employees recover lost wages emotional distress damages and punitive damages. We also fight for reinstatement to your job and attorney fees paid by your employer.
What Is Workplace Retaliation
Workplace retaliation happens when your employer punishes you for doing something the law protects. The punishment can be anything that makes your job worse.
The Basic Definition
- You engaged in protected activity
- Your employer took a negative action against you
- The negative action happened because of your protected activity
- The action does not have to be firing you
- Any action that would stop a reasonable worker from speaking up counts
What Counts as a Negative Action
- Getting fired or laid off
- Getting demoted to a lower position
- Having your hours cut significantly
- Getting a bad performance review or written warning
- Being transferred to a worse shift or location
- Being harassed or isolated by managers or coworkers
- Receiving threats about your job or your immigration status
What Does Not Count as Retaliation
- A one time rude comment with no job consequences
- Your boss being annoyed but not taking any action
- A legitimate business decision unrelated to your protected activity
- A company wide layoff that affected many workers equally
- A performance issue you had before your protected activity
What Counts as Protected Activity
Protected activity is anything you do that the law says you have a right to do. Your employer cannot punish you for these actions.
Reporting Violations
- Reporting wage theft or unpaid overtime
- Reporting unsafe working conditions to your boss or Cal/OSHA
- Reporting discrimination or harassment
- Reporting fraud or illegal activity by your employer
- Reporting meal break or rest break violations
Filing Claims and Complaints
- Filing a workers compensation claim for a workplace injury
- Filing a wage claim with the Labor Commissioner
- Filing a complaint with the Civil Rights Department for discrimination
- Filing a complaint with Cal/OSHA about safety hazards
- Filing a complaint with the EEOC for federal violations
Taking Leave and Requesting Accommodation
- Taking CFRA or FMLA leave for your own serious illness
- Taking leave to care for a sick family member
- Taking baby bonding leave after a birth or adoption
- Requesting a reasonable accommodation for a disability
- Requesting time off for jury duty or military service
Refusing Unsafe or Illegal Work
- Refusing to work off the clock without pay
- Refusing to do work you reasonably believe is unsafe
- Refusing to participate in illegal activity
- Refusing to sign a false document or lie for your employer
- Refusing to waive your legal rights in a severance agreement
Participating in Investigations
- Cooperating with a Cal/OSHA inspection
- Testifying in a coworker’s workers comp case
- Answering questions in an internal HR investigation
- Providing evidence to a government agency
- Talking to a lawyer about your employment rights
Who Is Protected from Retaliation
Almost every California worker is protected from retaliation. Your job title does not matter. Your immigration status does not matter.
Workers Covered by Retaliation Laws
- Full time workers and part time workers
- Temporary workers and seasonal workers
- Undocumented workers and documented workers
- Union members and non union members
- Hourly workers and salaried workers
- New hires who just started and long term employees
- Workers on probation or in training
Employers Covered by Retaliation Laws
- Private employers with any number of employees
- Public employers and government agencies
- Small businesses with only one employee
- Large corporations with thousands of workers
- Nonprofits and charitable organizations
Multiple Laws Protect You
- Labor Code section 1102.5 protects whistleblowers
- Labor Code section 6310 protects safety complaints
- Labor Code section 132a protects workers comp claims
- FEHA protects discrimination complaints
- CFRA protects family and medical leave
Each of these laws prohibits retaliation. If your employer retaliates against you they violate multiple laws at once.
How to Prove Retaliation
To win a retaliation case you need evidence. Here is what helps prove your employer punished you for protected activity.
Timing Evidence
- The retaliation happened very close in time to your protected activity
- You filed a claim on Monday and got fired on Friday
- You came back from leave and your hours were cut the same week
- You complained about safety and got a bad review the next day
- The shorter the time gap the stronger your case
Comparison Evidence
- No one else in your department was treated like you
- Other workers who did not engage in protected activity kept their jobs
- Younger workers or workers of a different race kept their hours
- Your replacement got better treatment than you
- You were treated differently than everyone else
Statement Evidence
- Your boss said something about your complaint before firing you
- A manager made a comment about you being a troublemaker
- Someone in HR said you should not have filed that claim
- Your employer said they do not like workers who speak up
- Any statement that connects the firing to your protected activity
Pattern Evidence
- Your employer has done this to other workers before
- Other people who filed claims also got fired
- Multiple workers who complained about safety had their hours cut
- Your employer has a history of retaliation
- Past behavior is often the best predictor of current behavior
What to Do If You Are Retaliated Against
Do not just accept the punishment. Take steps to protect yourself and your case.
Step One Document Everything
- Write down what protected activity you did
- Write down the date you did it
- Write down what retaliation happened
- Write down the date it happened
- Write down the names of any witnesses
Step Two Save Your Evidence
- Save every email and text message
- Save your paystubs from before and after
- Save your performance reviews
- Save any schedules showing your hours changed
- Save any notes from conversations with your boss
Step Three Do Not Quit Right Away
- Quitting can make your case harder to prove
- If you quit you lose the chance to show how bad things got
- Stay as long as you can while you look for another job
- If the situation is unbearable you may have a constructive termination claim
- Talk to a lawyer before you make any big decisions
Step Four File a Complaint
- File with the Civil Rights Department for FEHA retaliation
- File with the Labor Commissioner for wage related retaliation
- File with Cal/OSHA for safety related retaliation
- File with the Workers Compensation Appeals Board for 132a claims
- Let a lawyer help you decide where to file first
Step Five Call a Lawyer
- Retaliation cases have strict deadlines
- You need a lawyer who knows all the different laws
- A lawyer helps you gather evidence
- A lawyer files your complaint correctly
- Do not wait. The clock is running.
What You Can Recover for Retaliation
If you win your retaliation case you can recover much more than just your lost wages.
Lost Wages and Benefits
- Back pay for all the wages you lost
- Front pay if you cannot return to your old job
- The value of lost health insurance and retirement benefits
- Lost bonuses commissions and overtime
- Any other job benefits you would have earned
Emotional Distress Damages
- Money for the anxiety and stress of being fired or punished
- Money for the humiliation of being demoted or harassed
- Money for the worry about paying your bills
- Money for the loss of sleep and enjoyment of life
- There is no cap on emotional distress damages in California
Punitive Damages
- Money to punish your employer for bad behavior
- Only available when your employer acted with malice or fraud
- Can be very large for serious retaliation cases
- Designed to make employers change their behavior
- Not available against government employers
Reinstatement and Attorney Fees
- A court order giving you your job back
- Your employer must also pay your attorney fees
- You do not pay your lawyer out of your recovery
- This makes it possible to fight even against big companies
- Your employer cannot force you to pay their fees if you lose
Deadlines for Retaliation Claims
Deadlines are strict. Missing your deadline destroys your right to recover.
- CRD complaint for FEHA retaliation: 3 years from the retaliation
- Labor Commissioner for wage retaliation: 1 year from the retaliation
- Cal/OSHA for safety retaliation: 6 months from the retaliation
- Workers Comp Appeals Board for 132a: 1 year from the retaliation
- Wrongful termination lawsuit: 2 years from termination
How Our Retaliation Lawyer Can Help You
Retaliation cases require a lawyer who knows all the different laws. Our lawyers at Setareh Law have handled hundreds of these claims.
Free Case Review
We listen to your story about what protected activity you did. We look at what your employer did to you. We tell you honestly if you have a strong retaliation case.
Evidence Gathering
We help you collect your emails and your paystubs and your performance reviews. We talk to your coworkers who saw the retaliation. We build a timeline that proves your employer punished you.
Agency Filing
We file your complaint with the right agency. CRD or Labor Commissioner or Cal/OSHA or WCAB. We handle all the paperwork and deadlines.
Lawsuit Filing
We sue your employer in court when the agency process is done or when that is the better path. We handle everything from start to trial.
Full Recovery
We fight for every dollar you lost. Back pay. Front pay. Emotional distress. Punitive damages. Attorney fees. Your employer pays for what they did.
Why Choose Setareh Law for Your Retaliation Case
You have choices when picking a lawyer. Here is why California workers trust us.
We Focus on Workers
Some law firms represent employers. We do not. We only represent employees. Every case we take is about holding bad employers accountable.
We Know Retaliation Law
Retaliation cases have small details that matter a lot. The protected activity. The adverse action. The causal link. The multiple deadlines. We know all of it.
We Work on Contingency
You pay nothing upfront. No hourly billing. No hidden fees. We only get paid when you win.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Retaliation Lawyer in California
What is the difference between retaliation and discrimination?
Retaliation is punishment for doing something protected like complaining. Discrimination is unfair treatment because of who you are like your race or gender. Both are illegal. You can sue for both.
Do I have to be fired to have a retaliation case?
No. Firing is the most obvious retaliation. But cutting your hours or demoting you or giving you a bad review or transferring you to a worse shift also counts.
How do I prove my employer knew about my protected activity?
You do not need a signed confession. If you told your boss or sent an email or filed a claim they knew. Even if you told one person and that person told your boss that is enough.
What if my employer says I was fired for a different reason?
Your employer will try to claim a legitimate business reason. Your lawyer will look at whether that reason is true or just an excuse. The timing of the firing is often the best evidence.
Can I be retaliated against for talking to a lawyer?
Yes. Talking to a lawyer about your employment rights is protected activity. If your employer finds out and punishes you that is illegal retaliation.
Can my employer retaliate against me for reporting harassment to HR?
No. Reporting harassment or discrimination to HR is protected activity under California law. Your employer cannot legally punish you for making a complaint.
What if the retaliation started before I was fired?
You may still have a retaliation claim. Retaliation can include write ups schedule changes demotions harassment or reduced hours before termination happens.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
Practice Areas:
Table of Contents
- verified by Trustindex
