Retaliation is one of the most common employment law claims in California — and it is illegal. It occurs when an employer punishes an employee for engaging in legally protected activity, such as reporting discrimination, complaining about wage violations, taking medical leave, or assisting in a government investigation. Even if the underlying complaint turns out to be unsubstantiated, you may still be protected from retaliation so long as you made the complaint in good faith.
The Fair Employment and Housing Act prohibits retaliation against employees who oppose practices forbidden by FEHA or who file a complaint, testify, or assist in any FEHA proceeding. This is a separate cause of action from the underlying discrimination or harassment claim — meaning you can have a valid retaliation claim even if the underlying discrimination claim is not proven.
Beyond FEHA, Labor Code §1102.5 protects employees who report suspected legal violations. If the employer retaliates, the employee may be entitled to reinstatement, reimbursement of lost wages, and other damages. In some cases, employers who retaliate may face civil penalties imposed by the state.
It is illegal for an employer to discriminate against an employee who files or intends to file a workers' compensation claim, or who testifies in a workers' compensation proceeding. Penalties can include a 50% increase in workers' compensation benefits up to $10,000.
Workplace retaliation is any adverse action taken by an employer against an employee because that employee engaged in a protected activity. Protected activities under California law include opposing discrimination or harassment, reporting illegal conduct, filing a wage claim, taking protected family or medical leave, filing a workers' compensation claim, and cooperating with a government investigation. Adverse actions can include termination, demotion, pay cuts, schedule changes, negative evaluations, or exclusion from opportunities.
Any action that would deter a reasonable employee from engaging in protected activity can qualify. This includes termination, demotion, pay reduction, negative performance reviews, undesirable reassignments, exclusion from meetings, threats, and increased scrutiny or micromanagement.
If the timing is suspicious — for example, you were fired shortly after a protected complaint — and you received positive reviews before, you may have a strong retaliation claim. Employers often cite performance issues as a pretext for retaliatory termination. We can help uncover evidence of the real motive.
Document the timeline of events. Note the date you engaged in protected activity and the dates of any adverse actions. Save all communications. Do not resign without legal advice — constructive discharge can be part of a claim but must be handled carefully. Consult an attorney promptly.
We have dedicated our practice to protecting employees who stand up for their rights. Retaliation cases require careful analysis of timing, pretext, and employer motive — areas where our experience makes a critical difference. We know how to build a compelling narrative from circumstantial evidence and hold employers accountable for silencing workers.
We work on a contingency fee basis, meaning you don't pay us unless we win your case.
We have a proven record of securing substantial compensation for our clients.
If you were retaliated against for speaking up about discrimination, harassment, or illegal activity at work, you need an attorney who will fight for you. Contact The Azizi Firm for a free consultation. We handle retaliation cases on contingency — no fees unless we win your case.
Don't settle for less than you deserve. Reach out to us for a free, confidential evaluation with no risk, and let us help you achieve the best possible outcome in your case.
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