California’s Definition Of Retaliation

Retaliation in California’s workplaces happens when an employer takes action against an employee who is doing a legally protected activity. These activities include reporting harassment, discrimination, wage violations, unsafe working conditions, and requesting accommodations or reporting illegal practices. California’s laws, including the Fair Employment and Housing Act (FEHA) and the California Whistleblower Act, protect employees from these punishments. This means an employer cannot respond negatively simply because an employee stood up for their rights.

This Is What Retaliation Looks Like In California

Under California law, retaliation can take many forms, including any adverse employment action an employer takes after an employee engages in a protected activity. Retaliation may happen in response to an employee reporting harassment or discrimination, asking for disability accommodations, or reporting or refusing to participate in illegal conduct. For example, suppose an employee reports wage violations—like unpaid overtime or missed breaks—to their employer or to the California Labor Commissioner. In that case, the employer is legally barred from acting against that employee because of the report.

Common types of retaliation include termination, demotion, reduced hours, or even being denied a deserved promotion. Retaliation can also involve negative performance reviews or assignments to less favorable shifts, especially if these changes happen after the employee has engaged in a protected activity. Employees who report unsafe working conditions, discrimination, or harassment based on gender, race, age, disability, or other protected characteristics are also covered by these protections. It is important to know that California law protects employees from retaliation even if the complaint or claim is not ultimately proven, as long as it was made in good faith.

Whistleblowers are protected under California law. Employees who report illegal practices, refuse to participate in unlawful activities, or file a complaint about unsafe working conditions cannot be legally punished. If retaliation does occur, the employer may be subject to a wrongful termination claim if they terminate the employee as a form of retaliation.

Steps To Take To Protect Yourself As An Employee In California

If you suspect that you are experiencing retaliation, there are steps you can take to protect yourself. Start by documenting every incident that you believe shows retaliation. This includes keeping a record of dates, actions taken by your employer, written communications, and any witnesses who may have observed the retaliatory acts. The key is to show a link between your initial action and the subsequent retaliation.

Once you have documentation, you should report the retaliation through any internal complaint procedures your company offers, such as filing a report with HR. Reporting the issue in writing records your complaint and protects your right to take further action if necessary. If you do not see improvement or the retaliation continues, you may consider filing a formal complaint with the California Labor Commissioner’s Office. (This is also commonly called the Division of Labor Standards Enforcement [DLSE].)This office handles retaliation complaints and investigates whether an employer’s conduct violated California labor laws.

Complaints can be filed with the Labor Commissioner’s Office using an online or paper form, mailed to the Retaliation Complaint Investigation Unit in Sacramento or Los Angeles. There are time limits on filing a retaliation complaint, usually one year from the adverse action, although some complaints have shorter deadlines. After filing, the Labor Commissioner’s Office will review your complaint and investigate whether they have jurisdiction over the issues you raised.

If they accept your case, an investigator will be assigned to gather evidence and interview relevant parties. If the investigation shows retaliation occurred, the Labor Commissioner can order remedies such as reinstatement, back pay, or removal of adverse reports from personnel records. The law also allows for penalties against the employer, up to $10,000 per violation, if retaliatory conduct is proven.

Protecting Yourself From Retaliation

If you believe you have experienced retaliation for asserting your rights at work, consider seeking guidance from a legal professional. Sansanowicz Law Group offers free consultations to help employees understand their rights and options under California law. Contact us today to schedule your consultation and explore your next steps.

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Leonard Sansanowicz

Leonard H. Sansanowicz is the principal attorney of Sansanowicz Law Group, P.C., whose practice is devoted to protecting the rights of California employees. He has spent his entire career prosecuting harassment, discrimination, defamation, whistleblower retaliation, wrongful termination, and wage and hour/wage theft claims, both individual and representative actions. His most rewarding and fulfilling work is obtaining justice for his clients.