Workplace retaliation is one of the most common issues California employees face — and also one of the most misunderstood. Many workers hesitate to speak up about unequal pay or promotion, financial fraud, unsafe conditions, working off the clock, being misclassified as exempt from overtime requirements, or unpaid wages because they fear their employer will punish them. Others simply do not realize that what is happening to them qualifies as retaliation when you receive a bad performance review, fired, or are being managed out. The good news is that California law provides strong protections against retaliatory conduct. Knowing your rights can help you recognize retaliation, take steps to protect yourself, and hold your employer accountable.

What Is Workplace Retaliation?

Retaliation happens when an employer punishes an employee for engaging in a legally protected activity. Protected activities are actions the law encourages employees to take without fear of losing their jobs or facing negative treatment. These can include:

• Reporting discrimination or harassment to HR or a government agency
• Complaining about wage theft, missed breaks, or unpaid overtime
• Requesting medical leave or accommodations for a disability
• Cooperating in an investigation into workplace violations
• Filing a workers’ compensation claim
• Refusing to participate in illegal activity at work

Retaliation can take many forms. Sometimes it is obvious, like being fired on the spot after filing a complaint. Other times, it is subtle, such as being given fewer hours, moved to an undesirable shift or role, having your job responsibilities taken away, or suddenly receiving unfair performance reviews.

What Are Examples of Retaliation?

In California, retaliation can look different depending on the workplace. Some common examples include:

• Being fired after reporting harassment or discrimination
• Demotion or pay cuts after filing a wage complaint
• Reduced hours or undesirable shifts after requesting medical leave
• Harassment, intimidation, or unfair discipline for whistleblowing
• Exclusion from projects, promotions, or training opportunities

Is Retaliation Always Obvious?

Not always. Retaliation can be blatant, such as being fired, or subtle, like being left out of meetings or assigned impossible workloads. The key question is whether the employer’s action was motivated by your decision to exercise a legal right. If there is a clear connection between your complaint or request and the negative treatment that follows, retaliation may have occurred.

What Laws Protect California Employees From Retaliation?

California has some of the strongest worker protection laws in the country. These include:

• California Labor Code: Prohibits retaliation against employees who complain about unpaid wages, unequal pay, unsafe working conditions, or labor law violations.
• Fair Employment and Housing Act (FEHA): Makes it illegal for employers to retaliate against employees who report or oppose discrimination or harassment.
• California Family Rights Act (CFRA): Protects employees who take protected medical or family leave.
• Whistleblower Protections: Safeguard workers who report illegal activities or violations of public policy.
• Occupational Safety and Health Act (OSHA/Cal-OSHA): Protects workers who report unsafe working conditions.

These laws give employees legal remedies if an employer takes action against them for asserting their rights.

Can My Employer Fire Me for Filing a Complaint?

No. Employers cannot legally fire, demote, or punish you for filing a complaint with HR, a government agency, or the courts. If they do, you may have a valid retaliation or wrongful termination claim.

In fact, retaliation claims are among the most common types of employment cases in California. Employers who retaliate not only face liability for lost wages and emotional distress damages, but they may also be required to pay penalties and the employee’s attorney’s fees.

Valerian Law: Advocates for California Workers

You should not have to choose between exercising your rights and keeping your job. If you believe you are being retaliated against at work, Valerian Law is here to help. Our attorneys fight to protect California workers from unlawful retaliation, discrimination, and workplace injustice.