If you’ve reported illegal activity, unsafe working conditions, discrimination, or wage violations at work, you might be worried about employer retaliation — and rightfully so. Workers often hesitate to speak up out of fear of being fired, demoted, or harassed. But California law provides some of the strongest employee protections in the country.
The good news? It’s illegal for an employer to retaliate against you for engaging in what’s called “protected activity.” That means if you file a complaint in good faith — even if your claim isn’t ultimately upheld—you still have rights.
At Bibiyan Law Group, we represent workers throughout California who have faced retaliation for standing up for what’s right. If you’ve been punished for reporting workplace violations, you may be entitled to damages, lost wages, and legal protection.
What Counts as Protected Activity Under California Law?
California Labor Code §1102.5 makes it illegal for employers to retaliate against employees who report or refuse to engage in unlawful activity. You are protected when you (learn more about whistleblower protections):
File a complaint internally (e.g., with HR or a supervisor)
Report wage theft or unpaid overtime
Report harassment or discrimination (speak to a workplace harassment attorney )
Participate in a workplace investigation
Refuse to perform illegal or unsafe tasks
Importantly, you don’t need to be right — just reasonable. As long as you had a good-faith belief that you were reporting something unlawful or dangerous, you are protected.
Common Forms of Workplace Retaliation
Retaliation doesn’t always take the form of immediate termination. More often, it appears in subtle but harmful ways that can quietly undermine your role and career. You might notice a sudden demotion or an unexplained pay cut, or receive a negative performance review that seems out of character with your actual work.
In some cases, your schedule may be changed without warning, or you may be reassigned to less desirable shifts or tasks. You could find yourself excluded from team meetings, communication, or important projects — creating a sense of isolation. And for some, retaliation culminates in termination shortly after filing a complaint or asserting a legal right.
When these types of changes occur soon after you speak up, they may be strong indicators of unlawful retaliation under California law. If you suspect your employer is retaliating against you, it’s critical to speak with a California employment law attorney who can investigate the facts, protect your rights, and help you take action.
California Laws That Protect Against Retaliation
California has implemented some of the most robust labor laws in the country to protect employees who report wrongdoing in the workplace. These protections don’t just cover whistleblowers—they extend to anyone who raises concerns about discrimination, wage theft, health and safety violations, or other unlawful conduct. When multiple laws overlap, they create a legal safety net that makes it difficult for employers to retaliate without consequences.
Key protections include:
Labor Code §1102.5 – California’s primary whistleblower statute, this law protects employees who disclose information about suspected violations of state or federal laws, even if the report is internal.
Labor Code §98.6 – Specifically shields workers who complain about wage and hour violations, including unpaid overtime and denial of breaks.
Fair Employment and Housing Act (FEHA) – Prohibits retaliation against individuals who report or oppose workplace discrimination, harassment, or other violations of civil rights.
Cal/OSHA regulations – Safeguard workers who raise concerns about health and safety violations from being disciplined or fired.
In many cases, retaliation also leads to wrongful termination, which can significantly strengthen a legal claim and open the door to broader compensation. These laws work in tandem to ensure that employees aren’t silenced when speaking up. Learn more in our guide to California employee rights.
Real Case Example: Jasmine’s Story
Jasmine worked as a restaurant server in Los Angeles. She reported illegal tip pooling to the Labor Commissioner. Two weeks later, her manager cut her hours in half and reassigned her to the slowest shifts.
With the help of Bibiyan Law Group, Jasmine filed a retaliation complaint under Labor Code §98.6. She recovered her lost wages and received compensation for emotional distress. Stories like Jasmine’s are all too common — and they often go unchallenged. You don’t have to face retaliation alone.Schedule Your Free Consultation Today!
What To Do If You’re Facing Retaliation
If you believe you’re being retaliated against, take the following steps:
Document everything – Save emails, messages, HR reports, schedules, and performance records.
Create a timeline – Note when you made your complaint and when the retaliation started.
Report internally – Raise your concern with HR or management, if safe to do so.
Speak with a lawyer – An employment attorney can advise you on filing a legal claim.
Act quickly — retaliation complaints often have short deadlines (as little as 6 months in some cases).
What You Can Recover in a Retaliation Case
If your retaliation claim is successful, you may be entitled to a range of compensation designed to make you whole after an employer’s unlawful actions. These remedies are intended not only to help you recover from the financial and emotional harm you’ve suffered, but also to hold your employer accountable and deter similar misconduct in the future.
Back pay for lost wages, including any income you missed due to demotion, reduced hours, or termination.
Reinstatement to your previous role, or an offer of comparable employment if returning isn’t feasible.
Compensation for emotional distress, especially if the retaliation caused anxiety, depression, or humiliation.
Civil penalties assessed against your employer for violating state labor laws.
Attorney’s fees and legal costs, so you’re not burdened with expenses while seeking justice.
Retaliation cases can also lead to broader claims like wrongful termination, expanding the value of your case. California courts take these matters seriously — don’t wait until it’s too late to protect your future.
FAQs About Employer Retaliation in California
A: Yes. As long as you had a reasonable belief the conduct was illegal or unsafe, you’re protected.
A: Yes. Demotion is a common form of retaliation. You may be entitled to lost wages and more.
A: Not always — but if you’re fired as a result of retaliation, it could qualify as wrongful termination.
A: Depending on the agency, you may have 6 months to 1 year to file. Speak to a lawyer right away.
Speak With a California Retaliation Attorney Today
Retaliation can leave you feeling powerless — but you are not alone. At Bibiyan Law Group, we fight for employees who’ve been punished simply for standing up for what’s right. Whether you were demoted, fired, or targeted in more subtle ways, our experienced retaliation attorneys can help you pursue justice.
We’ll walk you through your legal options, gather the evidence needed to support your claim, and fight to recover what you’re owed — including lost income, emotional distress damages, and civil penalties.
✅ Free, confidential consultation
✅ No upfront fees — we only get paid if you do
✅ Millions recovered for California workers like you
Let’s talk about your rights and how we can protect them:
Loading...