Retaliation in the Workplace
Public employees should not be punished for doing the right thing. Yet many state, county, and city workers experience retaliation in the workplace after reporting misconduct, harassment, discrimination, or safety violations to a supervisor, manager, or government agency.
Retaliation in the workplace can feel sudden. An employee who had positive evaluations for years finds their performance reviews declining after filing a complaint. A worker who reported safety concerns finds themselves reassigned to a less desirable position. A city employee who supported a co-worker’s harassment complaint finds their manager suddenly hostile and their duties reduced. In California’s public sector, these patterns are not merely workplace difficulties, they can be legal violations that give rise to a retaliation claim under state law.
Legal Help for California Public Employees
Retaliation occurs when an employer takes an adverse action against an employee because that employee engaged in a legally protected activity. An adverse action is any act by an employer that negatively and significantly affects the terms and conditions of an employee’s employment. The employer does not have to fire the worker for retaliation to occur. Any adverse action tied to protected activity can give a California employee the basis for a retaliation claim.
If you are a public employee whose workplace changed after you spoke up, Hershey Law can help you understand your rights and your options.
What Qualifies as Protected Activity in California
Before an employee can establish a retaliation claim, they must show that the adverse action followed a legally protected activity. Under California law including Labor Code § 1102.5, the California Whistleblower Protection Act, and the Fair Employment and Housing Act (FEHA) protected activities cover a wide range of employee conduct.
Protected activities that employers cannot lawfully retaliate against include:
- Filing a complaint of discrimination or harassment with a supervisor, manager, HR department, or government agency
- Reporting suspected violations of any law, rule, or regulation to an authorized person or agency
- Reporting unpaid wages, minimum wage violations, or other wage and hour concerns to the labor commissioner
- Participating in or assisting with an investigation, hearing, or proceeding involving a possible violation
- Refusing to participate in conduct the employee reasonably believes is unlawful
- Requesting a reasonable accommodation for a disability or religious belief
- Taking protected medical or family leave under CFRA or FMLA
- Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department
- Disclosing or discussing wages with other employees
- Reporting occupational safety concerns to a supervisor, manager, or workplace safety agency
- Exercising rights related to immigration status under California Labor Code § 1019, which prohibits employers from retaliating against employees by reporting or threatening to report their immigration status
The EEOC considers the act of filing a complaint a protected activity and retaliation is consistently the most common issue alleged in workplace complaints filed with the EEOC. California law provides broad protections that cover not only current employees but also job applicants who experience adverse action after engaging in protected activity during a hiring process.
An employee does not need to prove that a violation actually occurred for their protected activity to trigger anti-retaliation protections. Filing in good faith with a reasonable belief that misconduct occurred is sufficient.
Common Forms of Retaliation in California Public Workplaces
Retaliation in the workplace takes many forms. Some adverse actions are immediate and obvious. Others develop gradually through a pattern of smaller personnel decisions that, taken together, reflect a clear retaliatory motive.
Termination or forced resignation.
Being fired after filing a complaint is one of the most direct forms of workplace retaliation. Employers often characterize the termination as a layoff, restructuring, or performance issue but timing and context matter. An employee terminated shortly after engaging in protected activity has a strong factual basis for a retaliation claim.
Demotion or reassignment to a less desirable position.
Reassigning an employee to a lower-status role, a less desirable position, or a position with reduced responsibilities after they filed a complaint can constitute an adverse action. The employer's characterization of the reassignment as routine does not determine whether retaliation occurred.
Pay cuts or reduced hours.
Reducing an employee's compensation, cutting hours, or eliminating overtime following a protected complaint can all qualify as adverse actions under California law.
Negative performance reviews without basis.
An employee who received consistent positive evaluations from their manager and then received sudden poor reviews after filing a complaint has documented evidence of a potential adverse action. Employers frequently use performance documentation to create a paper trail that justifies further adverse action.
Exclusion from meetings, projects, or communications.
Subtle retaliation — such as a manager excluding an employee from important meetings, removing them from projects, or cutting off professional communications — can be just as legally significant as more direct adverse actions. The standard is whether the employer's conduct would dissuade a reasonable employee from engaging in protected activity.
Spreading false rumors or isolating the employee.
Co-workers or supervisors who spread false rumors about an employee after they filed a complaint, or who socially isolate the worker at the direction of management, can create a hostile work environment that constitutes unlawful retaliation.
Increased scrutiny or impossible performance standards.
When a manager suddenly imposes micromanagement, unachievable performance standards, or disproportionate discipline on an employee following a complaint, that escalating pressure can reflect retaliatory intent even when no single act appears dramatic in isolation.
Retaliation in the workplace can have a significant negative impact on overall employee morale across an entire agency or department. When other workers observe a colleague being subjected to adverse action after filing a complaint, it sends a signal that the employer will retaliate against anyone who speaks up which reduces trust, discourages reporting, and undermines the workplace environment for everyone.
How to Recognize When Retaliation Occurs
Retaliation occurs when an employer takes adverse action against an employee because of a protected activity. The most important factor is the connection (called causation) between the protected activity and the adverse action.
Under California’s SB 497, if an employer takes adverse action against an employee within 90 days of a protected activity, the law presumes that the adverse action was retaliatory. The burden then shifts to the employer to demonstrate a legitimate, non-retaliatory reason for the action. Even outside the 90-day window, a retaliation claim can be built on documented patterns, supervisor or manager behavior, inconsistent employer explanations, and the timing of adverse actions relative to the protected complaint.
California employers who retaliate can face civil penalties of up to $10,000 per employee per violation under Labor Code § 1102.5, in addition to the damages recoverable by the employee in a civil retaliation claim.
Filing a Retaliation Claim in California
Filing a retaliation claim correctly and on time is critical. California law imposes specific deadlines that vary depending on the type of protected activity and the applicable statute. Missing those deadlines can permanently bar a retaliation claim regardless of how strong the evidence is.
For most FEHA-related retaliation claims including retaliation for filing a discrimination or harassment complaint the deadline for filing a complaint with the California Civil Rights Department is three years from the retaliatory act. The California Civil Rights Department requires filing before a civil lawsuit can proceed.
For retaliation claims related to wage complaints, occupational safety reports, or other matters under the Labor Code, filing with the California Labor Commissioner’s Office is typically the required first step. The labor commissioner investigates retaliation complaints and can pursue remedies on the employee’s behalf.
Employees filing a retaliation claim under federal law including Title VII, the Age Discrimination in Employment Act, or the Americans with Disabilities Act must first file with the EEOC. The EEOC allows employees to file a retaliation claim within 300 days of the retaliatory act. In California, employees can file simultaneously with the EEOC and the California Civil Rights Department through a work-sharing agreement.
Filing with the correct agency, within the correct deadline, and with a complaint that clearly describes the protected activity and the adverse action is essential to preserving a viable retaliation claim. An employment attorney can ensure these requirements are met from the outset.
What to Do If You Believe You Have Been Retaliated Against
If you believe an employer has taken adverse action against you after you filed a complaint or engaged in another protected activity, taking structured steps promptly can protect your ability to pursue a retaliation claim.
Collect documents immediately.
Save emails, text messages, performance evaluations, written warnings, scheduling records, and any communications that reflect changes in how your manager or supervisor treated you after your protected activity. A documented timeline is often the foundation of a strong retaliation claim.
Do not sign separation documents without legal review.
Employers sometimes present separation agreements, severance offers, or settlement documents that contain broad waivers of legal claims. Signing without understanding what you are giving up can permanently waive your right to file a retaliation claim.
Report in writing where possible.
If you have not already filed a formal complaint with HR or an agency, doing so in writing creates a record. Document the date, the recipient, and the substance of every complaint you make to a supervisor, manager, or HR representative.
Note the timeline carefully.
Write down the date your protected activity occurred, who was present, and the sequence of adverse actions that followed. Timing is often central to a retaliation claim, especially when adverse action follows closely after filing.
Seek legal guidance before responding publicly.
Before speaking to the press, posting on social media, or making public statements about your employer or the retaliation you experienced, consult an employment attorney. Premature public statements can create complications that affect the retaliation claim.
Legal Remedies for Workplace Retaliation in California
Employees who establish a retaliation claim under California law can pursue a range of remedies designed to address the full scope of harm caused by the employer’s adverse action.
Available remedies can include reinstatement to the position held before the retaliatory adverse action, back pay for wages lost as a result of the employer’s conduct, recovery of lost benefits, compensation for emotional distress caused by the retaliation, correction of the employee’s personnel file to remove retaliatory documentation, and attorney fees where permitted under the applicable statute. Punitive damages can also be available when an employer’s retaliatory conduct was particularly egregious.
Under Labor Code § 1102.5, employers found to have retaliated can face civil penalties of up to $10,000 per employee per violation in addition to compensatory damages. Filing a retaliation claim promptly helps preserve the full range of remedies available.
Who We Help
Hershey Law represents California public employees who experience workplace retaliation across a wide range of roles and agencies.
We assist state and county employees including administrative staff, healthcare workers, compliance officers, and agency professionals who face adverse action after raising regulatory or ethical concerns with a supervisor or manager. We represent city employees in public works, maintenance, inspections, and other municipal roles who face retaliation after reporting unsafe conditions or filing a complaint about agency misconduct. We also represent teachers, school administrators, and public education staff who are retaliated against after raising harassment concerns, supporting a co-worker’s complaint, or reporting misuse of school funds.
Any current or former California public employee who experienced an adverse action after engaging in protected activity may have a viable retaliation claim. Employment classification, seniority, and agency size do not determine whether retaliation in the workplace was unlawful — the protected activity and the employer’s response do.
Hershey Law represents clients throughout California, with offices in Los Angeles and Orange County. We serve public employees in Los Angeles, Orange County, Santa Monica, Beverly Hills, Burbank, Riverside, San Bernardino, Ventura County, Long Beach, Pasadena, and Glendale, and can service all of California.
Why Choose Hershey Law
Hershey Law has represented California employees since 2017, including public sector workers facing retaliation in the workplace, wrongful termination, and discrimination. We understand how agencies rely on internal procedures, performance documentation, and HR processes to justify adverse actions — and we know how to examine those records carefully to identify what actually happened.
We focus exclusively on representing employees. We never represent employers, government agencies, or corporations. Every retaliation claim we take is on behalf of a worker whose rights deserve fearless, committed advocacy from the first consultation through resolution.
- Millions recovered for California workers in retaliation and wrongful termination cases
- $27.5 million jury verdict in a whistleblower retaliation case
- Super Lawyers Rising Stars recognition for our attorneys
- Advanced legal technology used to analyze internal communications, personnel files, and manager or supervisor conduct records
- Trial-ready attorneys who handle every retaliation claim from filing through verdict if necessary
Protect Your Career in California Public Service
Public employees should not have to choose between integrity and job security. If retaliation in the workplace affected your role, pay, or future in public service after you filed a complaint or engaged in another protected activity, California law provides meaningful legal recourse.
Hershey Law can help you understand what happened, evaluate your retaliation claim, and take action to protect what you have built.
Frequently Asked Questions
What Counts as Retaliation in the Workplace?
Retaliation in the workplace occurs when an employer takes an adverse action against an employee because that employee engaged in a protected activity such as filing a complaint, reporting misconduct, or opposing unlawful discrimination or harassment. An adverse action does not require termination. Demotion, pay cuts, reassignment to a less desirable position, or exclusion from meetings by a manager can all qualify.
Can an Employer Retaliate Against Me for Supporting a Co-Worker's Complaint?
Yes. California law protects employees who participate in or assist with another employee’s complaint or investigation. A supervisor or manager who takes adverse action against an employee for supporting a co-worker’s discrimination or harassment complaint may be engaging in unlawful retaliation.
How Long Do I Have to File a Retaliation Claim in California?
Filing deadlines vary by statute. FEHA retaliation claims must be filed with the California Civil Rights Department within three years of the retaliatory act. Labor Commissioner retaliation claims have different deadlines depending on the underlying violation. EEOC claims must generally be filed within 300 days. Consulting an employment attorney promptly after experiencing an adverse action is the safest way to ensure no deadlines are missed.
What If My Supervisor Threatens Me or Becomes Hostile After I File a Complaint?
Threatening behavior or a hostile work environment created by a supervisor or manager after an employee files a complaint can support both a retaliation claim and a separate hostile work environment claim. Document every incident with dates, descriptions, and any witnesses, and seek legal guidance promptly.
Does Filing a Complaint With HR Protect Me From Retaliation?
Filing a complaint with HR creates a record of your protected activity and can be an important step. However, HR departments represent the employer, not the employee. A complaint filed with HR does not guarantee protection, and the employer may still retaliate. Filing with the appropriate government agency — the EEOC, labor commissioner, or California Civil Rights Department — provides stronger procedural protection for your retaliation claim.
What If My Employer Claims the Adverse Action Was Based on Poor Work Performance?
Employers frequently defend against retaliation claims by arguing that the adverse action was based on legitimate performance concerns. A strong retaliation claim addresses that defense directly by documenting the employee’s performance history before and after the protected activity, identifying inconsistencies in the employer’s stated justification, and showing that the adverse action followed the protected complaint in timing and circumstance.