Understanding Workplace Retaliation Claims Under California Law
Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activity. California law broadly protects workers who report violations, oppose unlawful practices, or exercise statutory rights.
What is workplace retaliation?
Workplace retaliation happens when an employer punishes or disadvantages an employee because the employee engaged in protected conduct. Retaliation is unlawful even if the underlying complaint is ultimately unproven, as long as it was made in good faith.
- Termination
- Demotion
- Reduced hours
- Pay cuts
- Negative performance evaluations
- Escalating scrutiny
Elements of a retaliation claim
- Protected activity: The employee engaged in conduct protected by law.
- Adverse employment action: The employer took action that negatively affected the employee.
- Causal connection: A link exists between the protected activity and the adverse action.
What qualifies as protected activity?
- Reporting discrimination or harassment
- Reporting wage and hour violations
- Whistleblowing unlawful conduct
- Participating in investigations
- Requesting medical or disability accommodations
- Taking protected leave
Whistleblower retaliation
California Labor Code section 1102.5 protects employees who report violations of law.
Retaliation for internal complaints
Employees are protected from retaliation for raising workplace concerns internally.
Deadlines and filing procedures
Most retaliation claims in California are filed with the California Civil Rights Department. Deadlines vary depending on the statute involved.
