Retaliation happens when an employer punishes a worker for speaking up about rights at work. In California, two main laws protect workers: the Fair Employment and Housing Act (FEHA) and Labor Code section 1102.5.
This article explains what counts as retaliation, how to spot it, and what to do next. Many people wait too long to act or file in the wrong place, which can hurt their case.
Why People Struggle
- They don’t know that FEHA bans retaliation for reporting or opposing discrimination or harassment (California Gov. Code §12940(h)). Source
- They aren’t aware whistleblowers are protected even when reporting inside the company (Labor Code §1102.5). Source
- They miss deadlines: FEHA complaints generally must be filed with the Civil Rights Department (CRD) within three years. Source
- They file the wrong type of complaint; some labor retaliation claims go to the Labor Commissioner and have a one-year limit. Source
- They don’t document actions like demotions, schedule cuts, or threats that can prove retaliation. Source
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
What Counts as Protected Activity—and Why It Matters
Under FEHA, you are protected when you report or oppose discrimination or harassment, or take part in a CRD process. Employers may not punish you for that. (Gov. Code §12940(h)). Read the law. Facing denied accommodations or bias because of a disability? A disability discrimination lawyer in Woodland Hills can help.
If your concern involves unwanted conduct or a hostile environment, a sexual harassment attorney can help you take the next step.
Under Labor Code §1102.5, whistleblowers are protected when they disclose suspected legal violations to a government agency, to a supervisor, or even to a coworker who can investigate—whether or not reporting is part of the job. Read the statute.
Thinking about reporting misconduct? A Woodland Hills whistleblower attorney can explain your options and protect you from retaliation.
Retaliation can include firing, demotion, pay cuts, schedule changes, or other actions that would discourage a reasonable person from speaking up. California’s Civil Rights Department gives plain-language examples in its factsheet. CRD factsheet. If you were fired after speaking up, a Woodland Hills wrongful termination attorney can review whether your termination was unlawful.
What to do: Report concerns in writing, keep copies, note dates, save performance reviews, and list witnesses. If you are in Woodland Hills, CA, also check any company policy for how to report internally.
Need help weighing your options? A Woodland Hills retaliation attorney can assess your situation and explain next steps.
A Common Mistake: Missing the Right Filing Window
FEHA retaliation (based on discrimination or harassment): You generally must start with CRD by submitting an intake within three years of when you were last harmed. You can ask for a Right-to-Sue to go straight to court. CRD complaint process · CRD employment page.
Labor retaliation (wage complaints, safety reports, etc.): Many claims go to the Labor Commissioner and must be filed within one year of the retaliatory act under Labor Code §98.7 procedures. How to file with the Labor Commissioner.
Why people miss it: Workers often don’t realize there are different forums with different deadlines. If you are unsure, talk to counsel promptly and file to preserve your rights.
What Outcomes Are Possible
Depending on the law and forum, remedies can include reinstatement, back pay, penalties, and other relief. The Labor Commissioner’s whistleblower notice lists reinstatement and back pay among available remedies. DLSE whistleblower notice.
CRD can investigate FEHA retaliation claims or issue a Right-to-Sue letter so you can file in court. CRD factsheet.
Documenting events and acting within deadlines improves your chances for relief.
FAQs
What is the deadline to file a retaliation complaint in California
For FEHA retaliation, submit an intake to CRD within three years of the last harm. For many labor retaliation claims (wage, safety, whistleblowing under DLSE), file with the Labor Commissioner within one year. CRD · DLSE.
Does whistleblower protection cover internal reports to a supervisor
Yes. Labor Code §1102.5 protects disclosures to a supervisor or coworker with authority to investigate, not just to government. Statute.
What actions can count as retaliation
Any action that would likely stop a reasonable person from speaking up—such as firing, demotion, pay cuts, or schedule changes—may qualify. See CRD’s examples. CRD factsheet.
Internal Resources
For more on workplace rights or to discuss a potential case, see our resources and contact options at JML Law, APLC.
Call Us
If you need a retaliation lawyer in Woodland Hills, CA, contact JML Law, APLC at (818) 610-8800.
