What Counts as Protected Activity
Retaliation is an adverse employment action taken because you did something the law protects. In California the list of protected activity is long:
- Reporting a suspected violation of law to a government agency, to a supervisor, or to anyone at the company with authority to investigate or correct it. Labor Code section 1102.5 protects the report even if you turn out to be wrong, as long as you reasonably believed a law was being broken.
- Refusing to participate in illegal conduct. Also protected under section 1102.5(c).
- Complaining about discrimination or harassment, or participating in an investigation of someone else's complaint. Government Code section 12940(h).
- Complaining about unpaid wages, overtime or breaks, or filing a claim with the Labor Commissioner. Labor Code section 98.6.
- Reporting workplace safety hazards to Cal/OSHA or to the employer. Labor Code section 6310.
- Filing a workers' compensation claim or testifying in one. Labor Code section 132a.
- Taking protected leave under the California Family Rights Act or pregnancy disability leave. Government Code sections 12945 and 12945.2.
- Discussing your wages with coworkers. Labor Code sections 232 and 1197.5.
- Serving on a jury, appearing as a witness, or taking time off as a crime victim. Labor Code section 230.
The Burden Shifts to the Employer
Labor Code section 1102.6 sets the rule for whistleblower cases, and the California Supreme Court confirmed it in Lawson v. PPG Architectural Finishes in 2022. You must show by a preponderance of the evidence that your protected activity was a contributing factor in the adverse action. The employer must then prove by clear and convincing evidence that it would have taken the same action for legitimate, independent reasons anyway. That is a demanding standard, and it is why retaliation cases often succeed where the underlying complaint cannot be proven.
Timing is the most common evidence of a contributing factor. A termination two weeks after a wage complaint, a sudden performance improvement plan after years of good reviews, or a schedule change that pushes you out after a harassment report all support the inference.
What an Adverse Action Looks Like
Firing is the obvious case, but retaliation includes any action that would deter a reasonable employee from making a complaint:
- Demotion, pay cut or loss of commission accounts
- Reduced hours or removal from the schedule
- Transfer to a worse shift, location or territory
- Negative reviews and written warnings that begin after the complaint
- Exclusion from meetings, training or promotion
- Threats about immigration status
- Constructive discharge, where conditions are made intolerable so you resign
Damages and Penalties in a Retaliation Case
- Lost wages and benefits, past and future
- Emotional distress damages
- Punitive damages when the employer acted with malice or conscious disregard
- A civil penalty of up to $10,000 per violation under Labor Code section 1102.5(f), payable to the employee
- Attorney fees, which the court can order the employer to pay
- Reinstatement, where the employee wants it
Deadlines
- Labor Code 1102.5 whistleblower claims: three years under Code of Civil Procedure section 338.
- FEHA retaliation: complaint to the Civil Rights Department within three years, then one year from the right-to-sue notice to file in court.
- Labor Code 98.6 and 6310 claims: a retaliation complaint with the Labor Commissioner within one year, or a civil action.
- Labor Code 132a: one year, filed with the Workers' Compensation Appeals Board.
Encino Workplaces and the Cases We See
Encino's employment base runs along Ventura Boulevard: medical and dental practices, outpatient surgery centers, law and accounting firms, financial advisers, property management companies, entertainment production offices and the restaurants and salons that serve them. The retaliation patterns follow the industries. Medical office staff report billing irregularities or patient-safety concerns and are let go for "restructuring." Finance and real estate employees complain about commission calculations and lose their accounts. Restaurant and salon workers ask about tips or breaks and are taken off the schedule.
What to Do Right Now
- Save every document that shows what you reported and when: emails, texts, HR complaint forms, agency filings.
- Write a dated timeline of the report and every change in your treatment afterward.
- Keep copies of your performance reviews from before the complaint.
- Do not sign a severance agreement before an attorney reviews it. Releases are often broader than they look.
- Call before the deadline. Some of the claims above have a one-year window.
Where Encino Retaliation Cases Get Filed
Civil retaliation lawsuits from the San Fernando Valley are filed in the Los Angeles County Superior Court, typically at the Van Nuys Courthouse East or the Stanley Mosk Courthouse downtown. Labor Commissioner retaliation complaints are filed with the Retaliation Complaint Investigation Unit. Our office is at 655 N Central Ave in Glendale, about twenty minutes from Encino on the 134 and 101, and we meet Valley clients by phone or video when that is easier.
Frequently Asked Questions
I complained about harassment but cannot prove it happened. Do I still have a case?
Possibly a strong one. Retaliation under Government Code 12940(h) protects a good-faith complaint whether or not the harassment is ultimately proven. If the employer took action against you because you complained, that is a separate violation.
I reported the problem to my manager, not to a government agency. Is that protected?
Yes. Labor Code 1102.5 protects reports to a supervisor or to anyone at the employer with authority to investigate or correct the violation, as well as reports to government agencies.
How soon after my complaint does the retaliation have to happen?
There is no fixed period. Close timing, within weeks or a few months, is strong evidence that the complaint was a contributing factor. Longer gaps can still support a claim when the employer's stated reason does not hold up.
How much does a retaliation lawyer cost?
Noble Attorneys handles retaliation and whistleblower cases on contingency, with no up-front fee. Labor Code 1102.5 and FEHA both allow the court to order the employer to pay the employee's attorney fees.
Further Reading
- Workplace Retaliation and California Whistleblower Protections
- Encino Wrongful Termination Lawyer
- Encino Sexual Harassment Lawyer
- Can I Be Fired for Filing a Workers' Comp Claim?
Talk to a Workplace Retaliation Lawyer in Encino Now
Free consultation. No fees unless we win. We meet clients at our Central Avenue office in Glendale and travel to homes and hospitals across Los Angeles County.