Los Angeles Workplace Retaliation Lawyers

Employer retaliation is any adverse action an employer takes because an employee exercised a legal right, such as complaining about discrimination, unpaid wages, or illegal conduct. Firing, demotion, pay cuts, reduced hours, and unwarranted discipline can all qualify. California’s FEHA and Labor Code § 98.6 and § 1102.5 prohibit retaliation and allow employees to sue.

Common examples include firing, demotion, cutting hours or shifts, moving someone to a worse schedule or location, denying a raise or promotion, sudden write-ups or poor reviews, excluding someone from meetings, threatening immigration consequences, and giving a negative reference. What matters is that the employer took the action because the employee engaged in protected activity.

No. California law prohibits firing, demoting, or otherwise punishing an employee for a good-faith complaint about discrimination, harassment, unpaid wages, safety, or illegal conduct, whether made internally or to a government agency. You are protected even if the investigation finds no violation, as long as your complaint was reasonable and made in good faith.

Protected activity includes complaining about discrimination or harassment, serving as a witness, requesting an accommodation, complaining about wages or breaks, filing a claim with a government agency, discussing pay, raising safety concerns, reporting suspected legal violations, and refusing to take part in illegal conduct. A reasonable, good-faith belief that something was unlawful is usually enough.

You generally must show that you engaged in protected activity, suffered an adverse action, and that the two are connected. Close timing, a strong work history before your complaint, inconsistent explanations, and better treatment of coworkers are powerful evidence. For many Labor Code claims, adverse action within 90 days creates a presumption of retaliation.

It can be. Reducing your hours, taking away shifts, or moving you to a less desirable schedule after you complain may be illegal retaliation, especially if it lowers your pay or happens shortly after you speak up. If it happened within 90 days of certain Labor Code complaints, California presumes the change was retaliatory.

No. Retaliation protections can extend to former employees. An employer may not blacklist you, give a false or damaging reference, interfere with a new job, or refuse to rehire you because of a past complaint. Selecting you for a layoff because you spoke up can also be retaliation, even if the employer laid off other employees.

It depends on the law. FEHA claims must be filed with the Civil Rights Department within three years, then in court within one year of the right-to-sue notice. Labor Commissioner complaints generally must be filed within one year, and lawsuits under Labor Code § 1102.5 generally must be filed within three years. Federal EEOC charges have a 300-day deadline, and then you must sue within 90 days of receiving notice.

You may recover lost wages and benefits, future lost earnings, and emotional distress damages. You may recover punitive damages when an employer acts with malice, oppression, or fraud. Labor Code § 98.6 and § 1102.5 add civil penalties of up to $10,000 per violation, and many retaliation laws require the employer to pay your attorney’s fees.

Most employee-side attorneys handle retaliation cases on contingency, so you pay nothing up front, and the attorney takes a percentage of what you recover. At Setyan Law APC – Wrongful Termination & Sexual Harassment Lawyer, the consultation is free, and you pay no attorney’s fee unless we win.