By Joshua B. Nozar, Esq.
Maybe your paycheck was short, a machine was unsafe, or your manager was breaking the law. You spoke up, and now you are worried, or you have already been fired. California law protects workers against this kind of payback. Here is how.
The Short Answer: Retaliation Is Illegal in Many Situations
California is an “at-will” state, which means an employer can usually end a job for many reasons. But an employer cannot fire, demote, or punish you because you made a protected complaint. Punishing a worker for protected activity is called retaliation.
Not every complaint is protected. Saying your boss is rude, by itself, may not be enough. Protection usually depends on what you complained about.
Reporting Illegal Activity: Labor Code § 1102.5
California’s whistleblower law protects employees who report what they reasonably believe is a violation of the law. An employer may not retaliate against you for disclosing information “to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance” (Lab. Code § 1102.5, subd. (b)).
That means you do not have to go to the government. An internal report to your supervisor or someone else with authority to fix the problem can count. The law requires that you have “reasonable cause to believe” the information shows a violation of a state or federal statute, or a local, state, or federal rule or regulation. It applies “regardless of whether disclosing the information is part of the employee’s job duties” (Lab. Code § 1102.5, subd. (b)).
The law also protects workers who refuse to take part in something that would break the law (Lab. Code § 1102.5, subd. (c)). On top of other remedies, an employer that violates the statute can face “a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation,” awarded to the employee (Lab. Code § 1102.5, subd. (f)(1)). A court may also award reasonable attorney’s fees to a plaintiff who wins (Lab. Code § 1102.5, subd. (j)). If you believe you were punished for speaking up, a Los Angeles whistleblower retaliation lawyer can help you sort out whether this law fits your facts.
How These Cases Are Proven
In 2022, the California Supreme Court held that courts should use the framework written into Labor Code § 1102.6 for these claims (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703). Under that statute, once the employee shows by a preponderance of the evidence that the protected activity “was a contributing factor” in the adverse action, the employer must show “by clear and convincing evidence” that it would have taken the same action “for legitimate, independent reasons” anyway (Lab. Code § 1102.6).
Complaining About Unpaid Wages: Labor Code § 98.6
Labor Code § 98.6 says an employer may not fire or retaliate against an employee who “made a written or oral complaint that they are owed unpaid wages,” among other protected conduct (Lab. Code § 98.6, subd. (a)).
This law also has an important timing rule. If the employer takes a prohibited action “within 90 days of the protected activity specified in this section, there shall be a rebuttable presumption in favor of the employee’s claim” (Lab. Code § 98.6, subd. (b)(1)). A “rebuttable presumption” means the law starts by leaning in your favor, but the employer can still try to prove a lawful reason. The statute also provides for a civil penalty of up to $10,000 per employee for each violation (Lab. Code § 98.6, subd. (b)(3)).
Complaining About Discrimination or Harassment: Gov. Code § 12940(h)
The Fair Employment and Housing Act (FEHA) makes it unlawful for an employer “to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part” (Gov. Code § 12940, subd. (h)).
So if you complained about discrimination or harassment, or backed up a coworker’s complaint, the law protects you from payback. Learn more on our Los Angeles retaliation lawyer page.
Complaining About Safety: Labor Code § 6310
Workers who raise safety concerns are also protected. No person may fire or discriminate against an employee because the employee “made any oral or written complaint” about employee safety or health to Cal/OSHA, other government agencies with responsibility for safety, “their employer, or their representative” (Lab. Code § 6310, subd. (a)(1)). An employee punished for a bona fide complaint about unsafe working conditions is entitled to reinstatement and reimbursement for lost wages and work benefits (Lab. Code § 6310, subd. (b)).
Real-World Examples
Every case is different, but here are situations that may raise retaliation concerns:
- A cook tells the owner that the restaurant is not paying overtime and is fired two weeks later.
- A warehouse worker reports a broken forklift to her supervisor and is suddenly given fewer shifts.
- An office employee reports sexual harassment to HR and is moved to a worse job.
If you were fired after something like this, our wrongful termination lawyer page explains more. You can also read our guide on wrongful termination vs. at-will employment in California.
What to Do If You Fear Retaliation
- Put your complaint in writing. An email or text with a date is far easier to prove than a conversation.
- Keep copies. Save your complaint, any reply, schedules, pay stubs, and performance reviews. Do not take confidential company files you are not allowed to have.
- Write down what happened. Note dates, names, and what was said, soon after it happens.
- Watch for changes. Cut hours, new write-ups, or a sudden bad review after a complaint can matter.
- Talk to a lawyer early. Deadlines apply, and some are short.
Deadlines to Know
- Labor Commissioner retaliation complaint: A complaint with the Labor Commissioner’s office must be filed “within one year after the occurrence of the violation,” though that period “may be extended for good cause” (Lab. Code § 98.7, subd. (a)(1)).
- FEHA retaliation complaint with the Civil Rights Department (CRD): Generally three years from the date of the unlawful practice (Gov. Code § 12960, subd. (e)(5)). Some exceptions can extend this.
Other claims, such as a lawsuit under § 1102.5, may have different deadlines. Do not wait to get advice about your situation.
Frequently Asked Questions
Do I have to report to the government to be protected as a whistleblower?
No. Labor Code § 1102.5 also covers reports to a person with authority over you, or another employee who has authority to investigate or correct the problem.
What if I was wrong about the law being broken?
Section 1102.5 protects reports based on “reasonable cause to believe” there was a violation. Whether your belief was reasonable depends on the facts.
I was fired a month after complaining about my pay. Does timing matter?
It can. Under Labor Code § 98.6, an adverse action within 90 days of protected activity creates a rebuttable presumption in the employee’s favor. The employer can still try to rebut it.
Can my employer cut my hours instead of firing me?
These laws are not limited to firing. For example, § 98.6 covers employees who are “demoted, suspended, retaliated against, subjected to an adverse action.”
Talk to Nozar Law, APC
If you were punished for speaking up, you do not have to handle it alone. Nozar Law, APC offers a free case evaluation, and you pay no attorney fees unless we win. Se habla español. Call (310) 620-4400 to speak with our team. Our Beverly Hills office serves workers across Los Angeles.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
