California retaliation & whistleblower lawyers

The main retaliation laws

• FEHA, Gov. Code § 12940(h): protects employees who oppose discrimination or harassment, file a complaint, testify, or assist in an investigation. Requesting a disability or religious accommodation is also protected (§ 12940(l), (m)).
• Labor Code § 1102.5 (whistleblower law): protects employees who disclose information they reasonably believe shows a violation of a federal, state, or local law, rule, or regulation, whether to a government agency, law enforcement, a supervisor, or someone with authority to investigate. It also protects employees who refuse to participate in illegal activity.
• Labor Code § 98.6: protects employees who complain about unpaid wages or other Labor Code violations, or file a claim with the Labor Commissioner.
• Labor Code § 6310: protects employees who complain about workplace safety or health.
• CFRA (Gov. Code § 12945.2): protects employees who request or take family and medical leave.
• Health & Safety Code § 1278.5: protects health care workers who report patient care concerns.
• Federal laws including Title VII, the FMLA, Sarbanes-Oxley, Dodd-Frank, and the False Claims Act protect a range of reporting.

You don't need to be right that a law was broken. Under § 1102.5 and FEHA, you're protected if you reasonably and in good faith believed you were reporting a violation.

What counts as retaliation

Retaliation is any action that would discourage a reasonable employee from speaking up. It's not limited to firing. Examples include:

• Termination, demotion, or denial of promotion
• Sudden negative reviews or a performance improvement plan after years of good feedback
• Cutting hours, pay, commissions, or desirable assignments
• Reassignment to worse shifts, locations, or duties
• Exclusion from meetings, emails, and projects
• Heightened scrutiny, nitpicking, or manufactured write-ups
• Threats, including threats to report immigration status (Labor Code § 1019)
• Negative references to prospective employers
• Hostility from managers that management allows to continue

How retaliation is proven

Timing is often the most powerful evidence. An adverse action that follows soon after a complaint strongly suggests a connection. Since January 1, 2024 (SB 497), when an employer takes adverse action within 90 days of an employee's protected activity under Labor Code §§ 98.6, 1102.5, or 1197.5, the law presumes retaliation, and the employer must rebut it.

For § 1102.5 whistleblower claims, the employee need only show the protected activity was a contributing factor in the decision. The employer must then prove by clear and convincing evidence that it would have taken the same action for legitimate, independent reasons (Labor Code § 1102.6; Lawson v. PPG Architectural Finishes, 2022). This framework is more favorable to employees than the test used in most other states.

Other helpful evidence includes your record before the complaint, inconsistent explanations, whether the decision-maker knew about your complaint, and how the employer treated others who didn't complain.

What you can recover

• Lost wages and benefits, past and future
• Emotional distress damages
• Punitive damages for malicious or oppressive conduct
• A civil penalty of up to $10,000 per violation under Labor Code § 1102.5, awarded to the employee
• Reinstatement
• Attorney fees and costs

Protecting yourself before and after you speak up

1. Put important complaints in writing, and keep a copy outside company systems.
2. Be factual. Describe what you saw and why you believe it's wrong or unlawful.
3. Keep a dated log of what changes afterward: assignments, comments, schedule, reviews.
4. Save your performance reviews and any praise you received before the complaint.
5. Don't take confidential documents you aren't authorized to access. Talk to a lawyer about what evidence you can lawfully preserve.
6. Get advice early, ideally before the employer takes a final action.

Deadlines

• FEHA retaliation: three years to file with the California Civil Rights Department, then one year after the right-to-sue notice.
• Labor Code § 1102.5: generally three years.
• Labor Code § 98.6: you may file with the Labor Commissioner within one year, or pursue the claim in court.
• Labor Code § 6310: a complaint to the Labor Commissioner within one year, or a civil action.
• Federal whistleblower laws: some have very short deadlines, as little as 30 to 180 days.

How your case works with us

Most employees have never hired a lawyer before. Here's what working with us looks like, from the first call to resolution.

1. Free, confidential consultation. We listen to what happened, review any documents you have, and tell you honestly whether you have a claim, which laws apply, and which deadlines matter.
2. Investigation. We gather your personnel file, payroll records, and communications, identify witnesses, and request records your employer is legally required to provide.
3. Agency filings, when required. For claims under FEHA, we file with the California Civil Rights Department and obtain a right-to-sue notice so your case can proceed in court.
4. Demand and negotiation. Many cases resolve through a demand letter, early negotiation, or mediation, without a trial.
5. Litigation, if needed. If your employer won't do right by you, we file suit and are prepared to take the case through discovery and trial or arbitration.

Fees. Most employment cases are handled on a contingency basis. You pay no attorney fees unless we recover money for you, and many California employment laws require the employer to pay your attorney fees if you win.