Can You Sue for Retaliation in California? (2026)
- Tom Feher, Esq.
Yes, you can sue for retaliation in California under FEHA (Government Code 12940(h)) when your employer takes an adverse action because you opposed discrimination, filed a complaint, or participated in an investigation; under Labor Code 1102.5 when you reported a legal violation; and under Labor Code 98.6 when you raised a wage claim. You have three years to file with the Civil Rights Department under Government Code 12960 and one year to sue after the right-to-sue letter. Our retaliation cases typically settle between $50,000 and $500,000, with terminated workers in protected categories often recovering 1 to 3 years of lost wages plus emotional distress and attorney fees.
How to Sue Your Employer for Workplace Retaliation
If you believe you’ve experienced workplace retaliation, following these steps will be key:
- Consult with a Feher Law Attorney: Engage a qualified retaliation attorney from Feher Law who specializes in workplace retaliation cases. We can help assess the strength of your case and guide you through the legal intricacies.
- Gather Evidence: Start by collecting all relevant evidence that supports your claim. This includes emails, text messages, performance reviews, and any witnesses who can attest to the retaliation. We can help collect this for you.
- Document Everything: Keep detailed records of any incidents of retaliation, including dates, times, locations, and descriptions of what occurred. This documentation will be essential for your case.
- File a Complaint: Depending on the nature of your claim, you may need to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Each agency has own process and timeline, so follow the guidelines carefully. Again, this is something we can file for you.
- Legal Representation: If negotiations fail, our attorney from our law firm can represent you in court. We will handle all legal filings and advocate to ensure your rights are protected throughout the process.
- Stay Informed: Keep open communication with your California retaliation lawyer, as we will provide updates on your case and any developments in the legal proceedings.
Taking these steps can significantly improve your chances of a successful outcome in your workplace retaliation lawsuit.
Additional reading: how to prove retaliation in the workplace in California
If you need expert guidance on employer retaliation in California, our attorneys are here to support you
How Much Can You Sue Your Employer for Retaliation
If you win a retaliation lawsuit against your employer, you may be entitled to various types of damages designed to compensate for the harm you’ve suffered. The specific amount can vary widely depending on the unique circumstances of your case, but here are the primary types of damages you could recover:
- Economic Damages: These cover tangible financial losses, including back pay for lost wages, lost benefits, and future lost earnings if you were unfairly terminated or demoted. For example, if an employee was wrongfully terminated and was earning $60,000 annually, they might recover that amount for the time they were unemployed.
- Emotional Distress Damages: Victims of retaliation often experience psychological effects, such as anxiety or depression, due to the stress of their situation. Courts may award damages to compensate for this emotional suffering.
- Punitive Damages: Under Civil Code 3294, where clear and convincing evidence shows the employer acted with oppression, fraud, or malice, punitive damages may be awarded as a means of punishment and deterrence. For example, a case with clear evidence of malicious intent might result in punitive damages exceeding $100,000.
- Reinstatement or Reinstatement Benefits: In some cases, the court may order your employer to reinstate you to your former position or provide you with similar employment benefits.
Additional reading: California gender equality law
Time Limits for Filing a Retaliation Claim in California
In California, the time limits for filing a retaliation claim depend on whether the claim is pursued under state or federal law.
Generally, you have three years from the retaliatory action under Government Code 12960 to file with the Civil Rights Department (CRD), and then one year from the CRD’s right-to-sue notice to file in court under Government Code 12965, while federal claims with the Equal Employment Opportunity Commission (EEOC) require filing within 180 days, extendable to 300 days if also covered by state law.
Missing these deadlines can result in losing your right to sue, but exceptions exist, such as continuing retaliation or delayed discovery, which may extend the filing period.
To tackle these difficulties and ensure your rights are protected, consulting with a retaliation attorney at Feher Law is highly recommended.
Additional reading: can you sue for sexual harassment at work in California
What is Considered Retaliation in California?
Employer retaliation in California occurs when an employer takes adverse action against an employee in response to the employee exercising their legal rights. This can include actions such as firing, demoting, reducing hours, or subjecting the employee to harassment or unfavorable working conditions.
Retaliation is illegal when it follows an employee’s engagement in “protected activities,” including reporting discrimination, filing a workers’ compensation claim, or participating in an investigation. California law offers robust protections against retaliation.
The Fair Employment and Housing Act (FEHA) prohibits employers from retaliating against employees for asserting their rights under the law, including discrimination claims. Similarly, the California Labor Code contains provisions that protect employees from retaliation for reporting violations, such as wage and hour discrepancies or unsafe working conditions.
These laws ensure that employees can exercise their rights without fear of punitive action from their employers, fostering a fair and just workplace environment.
What Constitutes Protected Activity?
“Protected activity” refers to actions taken by employees that are legally recognized as safeguards against retaliation in the workplace. Engaging in protected activity is significant because it allows employees to assert their rights without the fear of adverse consequences from their employers.
In California, examples of protected activities include:
- Reporting harassment, discrimination, or wage violations (Labor Code 1102.5; Labor Code 98.6): Employees who bring forward concerns about illegal activity or unsafe conditions are engaging in protected activity, ensuring that their rights and the rights of others are upheld.
- Filing a workers’ compensation claim (Labor Code 132a): When employees seek compensation for work-related injuries, they are protected from retaliation for asserting this legal right.
- Participating in an investigation or whistleblowing: Employees who provide information or cooperate in investigations regarding unlawful conduct, whether internally or externally, are protected under the law.
- Taking legally protected leave: Actions such as taking time off for medical reasons under the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) are also considered protected activities. Employers cannot penalize employees for exercising their right to take necessary leave.
These protections are essential in promoting a safe and equitable workplace where employees can advocate for their rights and those of their colleagues without fear of retribution.
Why Consider Our California Retaliation Lawyers
Seeking legal advice from Feher Law is essential for employees who believe they have experienced retaliation. Our skilled lawyers can evaluate the strength of your case, helping you understand whether you have a viable claim.
We will guide you through the complicated legal landscape, offering expert advice on California employment law to overcome your situation effectively. Additionally, our attorneys can negotiate settlements on your behalf or pursue litigation if necessary, ensuring you receive the compensation you deserve.
Throughout the entire process, we will work to protect your rights, providing support and advocacy every step of the way. Engaging our experienced retaliation attorneys can significantly enhance your chances of a successful outcome in your retaliation claim.
Speak to a California Employment Attorney Today
If you believe you have experienced retaliation in the workplace, seek expert legal help from Feher Law. An experienced Huntington Beach retaliation lawyer is ready to evaluate your claim and provide the guidance you need to deal with California employment law.
Don’t hesitate to reach out – contact us today at (310) 340-1112 for a consultation, and let us help you protect your rights and pursue the justice you deserve. Your case matters, and we’re here to support you every step of the way.
Frequently Asked Questions
Can I sue my employer for retaliation in California?
Yes. California protects employees on several fronts: Government Code 12940(h) makes it unlawful to retaliate against you for opposing discrimination or harassment or participating in a complaint, Labor Code 1102.5 protects reporting suspected legal violations, and Labor Code 98.6 protects wage and hour complaints. Most FEHA claims start with a complaint to the Civil Rights Department before a lawsuit can be filed.
What counts as illegal retaliation at work?
Any materially adverse action taken because you engaged in protected activity: firing, demotion, cut hours or pay, an undeserved write-up, a hostile schedule change, exclusion from opportunities, or constructive discharge. The action does not have to be termination. Timing is often the tell, and discipline that appears for the first time shortly after your complaint is classic evidence of retaliatory motive.
What do I have to prove to win a retaliation case?
Three things: you engaged in protected activity, the employer took adverse action, and the two are causally connected. For whistleblower claims the burden then shifts in your favor: under Labor Code 1102.6, once you show your report was a contributing factor, the employer must prove by clear and convincing evidence that it would have taken the same action anyway. Documentation, timing, and shifting explanations usually decide these cases.
How long do I have to file a retaliation claim in California?
For FEHA retaliation, you have three years from the retaliatory act to file with the Civil Rights Department under Government Code 12960, and then one year to sue after your right-to-sue notice under Government Code 12965. Other retaliation statutes carry their own, sometimes much shorter, deadlines, so the safe move is to get legal advice promptly rather than calendar the outer limit.
What can I recover in a retaliation lawsuit?
Lost wages and benefits, front pay where reinstatement is not realistic, emotional distress damages with no statutory cap under FEHA, and attorney fees. Where the employer acted with malice or oppression, punitive damages are available under Civil Code 3294, and whistleblower retaliation additionally carries a civil penalty of up to $10,000 per employee per violation under Labor Code 1102.5(f).
Can I be punished for filing a wage complaint or claim?
No. Labor Code 98.6 prohibits retaliation against employees who file wage claims, complain to the Labor Commissioner, or assert rights under the Labor Code, and violations expose the employer to reinstatement and lost wages. If your hours were cut or you were fired soon after raising a pay issue, preserve the timeline in writing, it is often the strongest evidence in the case.
Notable Recent Settlements
Examples of California cases Feher Law has resolved on behalf of clients in this practice area:
- $1.4M – Wrongful Termination
- $933K – Wrongful Termination
- $750K – Wrongful Termination – Disability Discrimination
- $450K – Wrongful Termination
Past results do not guarantee future outcomes. Every case is evaluated on its specific facts under California law.
Estimate your case value: Use our free Wrongful Termination Settlement Calculator for a quick estimate of what your case could be worth, or speak directly with a Torrance employment lawyer for a personalized review.
Last reviewed by Thomas Feher, Esq. – September 2026
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