California Retaliation Lawyers
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Key Takeaways
- California Labor Code Section 98.6 and FEHA protect employees from retaliation for asserting their workplace rights.
- Three elements are required to prove retaliation: a protected activity, an adverse employment action, and a causal link between them.
- Illegal retaliation includes termination, demotion, negative performance reviews, reduced hours, harassment, and more.
- Employees have 3 years from the retaliatory act to file a complaint with the California Civil Rights Department (CRD).
- Protected activities include reporting discrimination, filing complaints, taking family/medical leave, and whistleblowing.
- Feher Law takes retaliation cases on a contingency fee basis — no fees unless we win your case.
Table of Contents
In California, employees are afforded extensive protections under Labor Code Section 98.6. This necessary provision shields individuals who take action to assert their rights in the workplace, whether it involves filing a claim with the Labor Commissioner, initiating legal proceedings related to labor rights, or speaking out about unpaid wages.
Understanding how full protection under Section 98.6 often requires the assistance of legal experts. With this in mind, a skilled attorney from Feher Law can provide invaluable guidance and representation, helping individuals understand their rights and pursue appropriate action when those rights are violated.
From initiating legal proceedings to advocating for fair treatment in the workplace, we are a powerful ally for California workers subjected to unlawful retaliation.
What Sets Feher Law Apart
When you opt for Feher Law Firm, you’re not simply selecting legal counsel – you’re enlisting a collaborator committed to all things employment law.
Our tailored and concentrated approach guarantees that our tactics are specifically designed to address your situation’s unique hurdles and requirements:
- Thoughtful Strategies: We acknowledge the emotional upheaval often accompanying employment legal affairs, particularly in matters involving wrongful termination, discrimination, and retaliation. Our empathetic approaches strive to assist you during vulnerable periods.
- Proficiency in Litigation and Trials: Our expertise spans every stage of the legal journey, from initiating claims to managing intricate litigation phases and, if necessary, representing you in court. With a profound comprehension of procedural intricacies and strategic prowess, we are steadfastly dedicated to passionately advocating for your cause.
- No Initial Costs: We operate on a contingency basis, meaning you won’t face upfront expenses. Charges are only applicable upon the successful resolution of your case, ensuring that we share in the goal of achieving favorable outcomes without imposing financial strain.
Recent Case Results
Meet Our Team
Thomas Feher, Esq.
Founding Attorney
Stephen Wiard, Esq.
Senior Trial Attorney
Sandy Luu, Esq.
Associate Attorney
Alex Ballard, Esq.
Associate Attorney
Karen Parra, Esq.
Associate Attorney
Chase Nielsen, Esq.
Associate Attorney
Betsy Gomez
Managing Paralegal
Erica Feher
Chief of Operations
California's Legal Retaliation Laws
In the state of California, stringent laws safeguard employees from retaliatory measures instigated by their employers in response to protected actions.
These actions include but are not limited to:
- Reporting discrimination or harassment
- Participating in investigations
- Lodging complaints
- Taking medical or family leave
- Blowing the whistle on wrongdoing
These protective measures are enforced through state statutes such as the California Fair Employment and Housing Act (FEHA) and various federal laws and regulations, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
For an employee to substantiate a retaliation claim, they must illustrate the following:
- Engagement in a protected activity
- Endurance of adverse employment repercussions
- A demonstrable causal link between the two occurrences
Employers are expressly forbidden from retaliating against an employee exercising their rights under these statutes, and those found engaging in retaliatory or adverse actions may face legal repercussions.
What Constitutes Illegal Retaliation at Work?
Illegal retaliation in the workplace manifests through various actions. These are the most common but are by no means the complete list:
- Being terminated or demoted
- Issuance of unjustified negative performance evaluations
- Imposing unreasonably heavy workloads
- Denying opportunities for advancement or salary increases
- Withholding access to training programs
- Disseminating false information concerning the employee
- Subjecting the employee to physical or verbal harassment
Retaliation Actions That Are Protected
In the Golden State, anti-retaliation statutes stand as robust guardians of employees’ rights and workplace safety. These laws meticulously outline protected activities, ensuring that workers can advocate for fair treatment without fear of reprisal.
Here’s a detailed breakdown of these safeguarded actions:
- Reporting Discrimination, Harassment, or Unsafe Conditions: Employees have the right to report instances of hazardous working conditions, harassment, or discrimination to their employers or relevant authorities. This protection extends to both verbal and written complaints.
- Whistleblowing: Anti-retaliation laws shield employees who report illegal or unethical behavior within their organization. Whether it involves financial fraud, safety violations, or other misconduct – whistleblowers are protected from retaliation under California law.
- Participating in Investigations: California law explicitly shields employees who participate in internal or external investigations into workplace misconduct. This includes cooperating with HR inquiries or external investigations conducted by regulatory bodies.
- Filing Workers’ Compensation Claims: Workers’ compensation laws provide essential benefits to employees who sustain work-related injuries or illnesses. California’s anti-retaliation laws ensure that employees can file claims for compensation without facing acts of retaliation.
- Filing Complaints: Employees are empowered to file formal complaints with regulatory agencies concerning violations of workplace laws or regulations. This includes complaints lodged with the California Civil Rights Department (CRD) or Cal/OSHA.
- Engaging in Union Activities: California law safeguards employees’ rights to engage in union-related activities, including organizing, joining, or supporting a labor union. Retaliating against employees for exercising these rights is strictly prohibited.
- Exercising Medical or Family Leave Rights: Protected by law, employees are entitled to take medical or family leave for personal or family health needs. Anti-retaliation laws ensure that employees can utilize these benefits without facing adverse consequences from their employers.
Obligations of Employers For Workplace Retaliation
Under legal mandates, employers are required to proactively prevent and address any instances of retaliation in the workplace. This duty involves establishing clear and enforceable policies that explicitly prohibit retaliation and ensure that employees engaged in a protected activity are shielded from these measures.
Additionally, employers are required to promptly investigate any claims of retaliation and implement appropriate disciplinary actions upon substantiation of such claims.
It is equally imperative for employers to educate both staff and management on anti-retaliation laws and company policies, fostering a culture of compliance, safety, mutual respect, and open communication.
By fulfilling these responsibilities, employers not only protect the rights of their employees but also contribute to the cultivation of a workplace environment characterized by transparency, fairness, and immunity against unwarranted reprisals.
How to Build a Retaliation Case
When it comes to building a retaliation case, meticulous planning and a firm grasp of your legal entitlements are paramount. If you find yourself in the unfortunate position of experiencing workplace retaliation, it’s essential to proactively construct a robust case to safeguard your rights.
Step 1 — Consult a Retaliation Attorney
Our California retaliation lawyers can evaluate your case, identify your strongest legal arguments, and guide you through each stage of the process — from filing to potential trial.
Step 2 — Know Your Rights
Understand which activities are legally protected. If your employer took adverse action after you reported discrimination, filed a complaint, took leave, or blew the whistle — that may be retaliation under California law.
Step 3 — Document Everything
Keep detailed records of every retaliatory incident — dates, times, people involved, what was said or done. Save emails, performance reviews, memos, and any other written evidence.
Step 4 — Gather Supporting Evidence
Collect witness statements, company policies, HR communications, and documentation of your protected activity. The stronger your evidence, the stronger your case.
By undertaking these proactive measures, you can construct a formidable retaliation case and ensure the protection of your workplace rights.
Remember, you need not confront this ordeal alone – lean on the support of our seasoned workplace retaliation attorneys, who are dedicated to advocating for you every step of the way. Contact us to find out more
What to Expect When You Hire Feher Law for Your Retaliation Case
Step 1 — Free Evaluation
We review your situation, assess the strength of your retaliation claim, and explain your options — with no cost or obligation.
Step 2 — Evidence Collection
Our team investigates your employment history, gathers records, and identifies the pattern of retaliation to build the strongest possible case.
Step 3 — Filing Your Claim
We handle all filings with the California Civil Rights Department (CRD) or EEOC on your behalf, ensuring every deadline is met.
Step 4 — Negotiation and Litigation
We pursue maximum compensation through settlement negotiations. If the employer won’t settle fairly, Tom Feher has tried over 40 jury trials and is ready to take your case to court.
Step 5 — Resolution
You pay nothing unless we win. Our contingency fee structure keeps our goals fully aligned with yours.
The Deadline to File a Retaliation Claim With Legal Assistance
It’s important to act quickly if you want to file a retaliation claim. California employees have 3 years from the date of the retaliatory act to file a complaint with the California Civil Rights Department (CRD). Federal claims filed with the EEOC generally carry a shorter window of 180 to 300 days — which is why contacting an attorney promptly is critical.
This strict deadline emphasizes the need to document your experiences promptly and seek legal advice early. This ensures that your rights are fully protected under the law.
How Will I Pay for My Employment Law Attorney’s Services?
Feher Law understands that pursuing legal action can be daunting, especially when financial concerns arise. That’s why we offer a contingency fee basis for our employment law services.
With this arrangement, you won’t be required to pay any upfront costs or out-of-pocket expenses. Instead, our fees are contingent upon the successful resolution of your case.
Here’s how it works: if we secure compensation for you through a settlement or court verdict, our fees will be calculated as a percentage of the amount recovered. This fee structure ensures that our goals are aligned with yours – we only collect payment if we achieve a favorable outcome on your behalf.
This approach not only provides you with access to experienced legal representation without the financial burden but also demonstrates our unwavering commitment to fighting for the justice and settlement you deserve.
Other Locations Our Experienced Retaliation Lawyers Serve
Our retaliation legal team is ready to extend its unwavering support and seasoned counsel to employees throughout California.
With a commitment to upholding justice and defending your rights, we’re proud to serve not only our immediate community but also reach out to a multitude of locations, ensuring that no one faces workplace injustice alone.
Although we serve the entirety of Cali, these are the major cities we operate in:
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Are You a Victim of Retaliation? Get Help Now Against Unlawful Retaliation
If you believe you’re a victim of retaliation in California, take action to protect your rights and seek justice. Retaliation can have serious consequences for your career and well-being, but you don’t have to face it alone.
Feher Law Firm is here to help you navigate the complexities of retaliation law and fight for the fair treatment you deserve.
Our experienced team of attorneys understands the nuances of retaliation cases and is dedicated to advocating for clients who have been unlawfully retaliated against.
We’ll work tirelessly to gather evidence, build a strong case, and pursue the best possible outcome on your behalf.
Contact us today to schedule a free consultation to prove retaliation as an employee in California.
Last reviewed by Thomas Feher, Esq. — March 2026
Other Employment Law Areas We Cover
Our California retaliation attorneys also cover these aspects of law:
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Our team is standing by and ready to assist you. Consultations are completely free and confidential. We will help you determine if you have a case.
- Over $100 Million Recovered For Clients
- No Fees Unless We Win
- We Fight for Maximum Compensation
- Get The Justice You Deserve
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FAQs
What legal options do I have if I've faced workplace retaliation?
Consult with an experienced retaliation attorney to assess your case. You may file a claim with the California Civil Rights Department (CRD) or the EEOC or pursue civil litigation. Remedies include reinstatement, lost wages, compensatory damages, punitive damages, and attorney's fees. Act promptly to protect your rights and pursue available legal remedies.
What should I do if I suspect retaliation but I'm not sure?
Consider seeking advice from a trusted colleague, HR representative, or legal professional. They can help you evaluate the situation objectively and determine whether your concerns are justified. Additionally, document any incidents or behaviors that raise suspicions and keep track of relevant communications or interactions.
Are there specific protections for whistleblowers in retaliation cases?
Yes, California law provides specific protections for whistleblowers who report illegal or unethical conduct in the workplace. Employers are prohibited from retaliating against employees who engage in whistleblowing activities, and whistleblowers may be entitled to additional remedies under the law. If you believe you've faced retaliation for whistleblowing, it's essential to seek legal advice promptly to protect your rights.
What steps can I take to prevent retaliation in the workplace?
Employers should establish clear policies prohibiting retaliation and provide training to employees and managers on recognizing and addressing retaliation. Employees can also protect themselves by documenting incidents of retaliation, reporting concerns to HR or management, and seeking legal advice if necessary.
Creating a culture of transparency and accountability can help deter retaliation and promote a safe and respectful work environment.
How do I prove my employer retaliated against me?
To prove retaliation in California, you must show three things: (1) you engaged in a protected activity, (2) your employer took an adverse action against you, and (3) there is a causal connection between the two. Evidence such as emails, performance reviews, witness statements, and the timing of adverse actions can all help establish this link.
Can I be fired for reporting harassment or discrimination in California?
No. California law expressly prohibits employers from firing, demoting, or otherwise punishing employees for reporting harassment or discrimination. This protection applies whether you reported to HR, a manager, or an outside agency like the CRD or EEOC. If you were fired or penalized after making a report, you may have a strong retaliation claim.