What Is Considered Retaliation in the Workplace Under California Law?

Retaliation in the workplace is not just unethical — it is explicitly illegal under California law. Employees who speak up about illegal conduct, discrimination, or harassment should feel protected, not punished. Unfortunately, retaliation remains one of the most common employment law violations in California.

Workplace retaliation occurs when an employer takes adverse action against an employee because the employee engages in a legally protected activity, such as:

• Reporting harassment or discrimination
• Filing a complaint with HR or the Equal Employment Opportunity Commission (EEOC)
• Participating in a workplace investigation
• Whistleblowing illegal or unsafe practices
• Taking family or medical leave (FMLA or CFRA)
• Requesting reasonable accommodations for a disability or religion

Examples of Retaliation in the Workplace

Retaliation can take many forms. Some can be subtle while others are more obvious, including:

• Termination or demotion shortly after filing a complaint
• Reduction in hours or an increase in undesirable shifts
• Unwarranted or pretextual negative performance reviews
• Exclusion from meetings, trainings, or promotions
• Verbal abuse or increased scrutiny
• Transferring the employee to a less desirable position

If these actions occur because you have exercised your legal rights, they may qualify as retaliation under California law.

How California Law Protects Employees

Under the California Fair Employment and Housing Act (FEHA) and Labor Code Section 1102.5, employers are prohibited from retaliating against employees for engaging in protected activities. If you file a retaliation claim, your employer cannot legally terminate you in response. If they do, you may be entitled to reinstatement, back pay, emotional distress damages, and even punitive damages in rare cases.

How Do You Prove Retaliation?

To have a successful retaliation claim in California, you generally need to show:

1. You engaged in a protected activity
   • (e.g., reporting harassment or wage violations or other protected acts)
2. Your employer took an adverse action against you
   • (e.g., termination, demotion, or retaliation by other adverse means)
3. A causal link exists between your protected activity and the adverse action
   • Timing (temporal proximity), statements from supervisors, or a sudden shift in treatment may help demonstrate this connection.

It’s important to document everything and consult with an experienced employment law attorney as soon as possible. You may be entitled to financial damages.

Don’t Wait – Call Our Employment Law Firm Today

Retaliation cases can be difficult to prove without the right legal support. At VALIANT LAW, we are committed to standing up for California workers who have been mistreated for doing the right thing at work. Our experienced employment lawyers can review your case, gather evidence, and fight to hold your employer accountable.