Los Angeles Retaliation Lawyer
Think Your Employer Retaliated? You May Have a Case.
Were you treated differently or, worse, illegally fired after reporting a workplace issue? If your employer punished you for exercising your rights, our Los Angeles retaliation attorneys can help examine what transpired after you spoke up and work to recover corresponding damages on your behalf.
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Workplace Retaliation in California
What Is Considered Retaliation by an Employer?
Workplace retaliation generally involves an employer taking adverse action because a worker engaged in an activity protected by law. Examples may include termination, demotion, reduced hours/pay, denial of a promotion, disciplinary action, or other negative changes in working conditions.
Retaliation is one of the most frequently reported forms of workplace discrimination in the United States. In California alone, the Civil Rights Department recorded 11,837 employment right-to-sue complaints alleging retaliation for reporting or resisting discrimination or harassment in 2024.
Behind those numbers are employees who came forward and faced consequences.
If that sounds familiar, you may also have legal grounds to challenge your employer’s actions. An experienced employee rights attorney at JLG can handle and help win your case.
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Workplace Retaliation Examples
What Can Employer Retaliation Look Like?
Did your duties change, or did your once-solid performance record suddenly come under scrutiny? These changes can leave you wondering what you did wrong. Here are some common examples of how employer retaliation can take shape.
Termination or threats of dismissal
Losing your job or being threatened with dismissal after reporting discrimination or exercising another workplace right may be a sign of retaliation.
Learn more
Demotion, reduced pay, or fewer working hours
A sudden demotion, pay cut, or reduction in working hours after a protected complaint may indicate retaliation, especially when there’s no clear explanation for the change.
Sudden disciplinary action or negative performance reviews
Your previously good performance may become a problem after you raise a concern. Warnings or negative reviews can raise questions about your employer’s motives.
Denial of promotions or career opportunities
Being passed over for a promotion or excluded from career opportunities after exercising your rights may be retaliatory if your qualifications and performance haven’t changed.
Punitive transfers or unfavorable schedule changes
An unexpected transfer or schedule change following a protected complaint may be considered retaliatory, especially if it disrupts your income or working conditions.
Workplace exclusion or other adverse treatment
Being left out of important meetings, stripped of responsibilities, or subjected to ongoing hostility after exercising your rights may also raise retaliation concerns.
Proving Workplace Retaliation
How Do You Prove Your Employer Retaliated Against You?
Retaliation cases generally focus on three questions:
- whether the employee engaged in legally protected activity
- whether the employee experienced an adverse employment action
- whether the protected activity was connected to the employer's decision.
Evidence may be direct or circumstantial. Timing can be relevant, but retaliation cases can also involve emails, text messages, disciplinary records, performance reviews, changes in treatment, witness testimony, or inconsistencies in the employer's explanation for its decision.
Because retaliation can arise under different California laws, the exact legal standard depends on the type of claim involved.
Taking Action
Practical Steps You Can Take if Your Employer Retaliates
You may be considering whether to confront your manager or file another complaint (or leave the company altogether). Before making a major decision, there are practical steps that may help you understand and document your situation.
Write down what happened and when
Prepare a timeline beginning with the activity you believe was protected, such as reporting discrimination or requesting medical leave. Record what you remember while the details are still fresh.
Preserve relevant communications and employment records
Keep copies of documents you’re legally entitled to access, such as your performance evaluations, termination notice, employment agreement, and relevant communications. Avoid accessing confidential company records without authorization.
Understand your workplace complaint procedures
If you’re still with the company, review the company’s policies for reporting concerns. An internal complaint may be appropriate, but understand that reporting an issue internally does not necessarily extend a statutory filing deadline.
Speak with an employment retaliation attorney
Your Los Angeles workplace retaliation lawyer can review the events leading up to the adverse action and explain whether the available evidence may support a legal claim. Seeking advice early may also help preserve evidence and identify important deadlines.
Los Angeles Workplace Retaliation Attorney
We Once Represented Employers. We Put That Experience to Work for You.
Our founding attorneys spent years representing employers before choosing to stand exclusively with employees. That experience helps us recognize how companies respond to retaliation complaints and, by extension, build stronger cases for employees whose rights may have been infringed upon.
Evaluate your retaliation claim
Our attorneys can review the circumstances surrounding your complaint, the employer’s response, and any subsequent disciplinary action or termination. We assess which legal protections may apply and whether the facts support a potential retaliation claim.
Investigate the evidence
Our legal team can examine employment records, communications, and performance evaluations to understand the events leading up to the alleged retaliation. We can also evaluate whether the employer’s explanation is consistent with the available evidence.
Pursue compensation and appropriate legal remedies
When a retaliation claim is supported by the law and evidence, JLG Lawyers can pursue applicable remedies for the losses an employee has suffered. Our goal is to help employees assert their rights and pursue an appropriate legal resolution.
Workplace Retaliation FAQs
Frequently Asked Questions (FAQs)
Can my employer retaliate against me for filing an HR complaint?
An employer generally cannot lawfully retaliate against an employee for making a complaint protected under applicable employment laws. For example, reporting suspected discrimination or sexual harassment to human resources may qualify as protected activity.
However, not every complaint about workplace treatment receives the same legal protection. The subject of the complaint and the circumstances surrounding the employer’s response matter.
Can I sue for retaliation if I still work for the company?
Yes. An employee does not necessarily have to be terminated to pursue a workplace retaliation claim. Depending on the applicable law and facts, retaliatory conduct may include demotion, reduced pay, suspension, denial of advancement, or other materially adverse treatment.
A workplace retaliation lawyer in Los Angeles can evaluate whether the conduct may support a claim even if the employment relationship continues.
Can I be protected if my discrimination complaint was not proven?
Yes, in certain circumstances. Under applicable anti-retaliation laws, employees who reasonably and in good faith oppose conduct they believe violates employment discrimination laws may be protected even if their original allegations are not ultimately substantiated.
Participation in certain formal discrimination proceedings may receive additional protections. The requirements depend on the law involved and the nature of the employee’s activity.
Can an independent contractor sue for retaliation?
Retaliation protections are not identical for employees and independent contractors, and worker classification can depend on the circumstances of the working relationship. A company’s use of the label “independent contractor” does not by itself determine which employment protections apply. If you experienced adverse action after reporting, opposing, or participating in workplace activity that may be legally protected, a plaintiff-side employment lawyer can evaluate your classification and determine which retaliation laws may apply.
Which laws protect employees from retaliation?
California has several laws protecting employees who exercise their workplace rights. The Fair Employment and Housing Act (Government Code Section 12940(h)) prohibits retaliation for opposing unlawful discrimination or harassment or participating in proceedings protected by the law.
Labor Code Section 98.6 protects employees exercising certain rights under the Labor Code, including wage-related rights. Labor Code Section 1102.5 addresses retaliation against whistleblowers who report suspected legal violations. Employees taking qualifying protected leave may also have protections under the California Family Rights Act (CFRA).
The law that applies to your situation depends on what you reported or did before your employer took action against you.
Where can you report workplace retaliation?
It depends on the type of retaliation you experienced. If your complaint involves discrimination or harassment protected by California’s Fair Employment and Housing Act, you can file with the California Civil Rights Department. You generally need a right-to-sue notice before bringing a FEHA lawsuit.
For retaliation involving certain Labor Code protections, you may file a complaint with the California Labor Commissioner’s Office.
Some retaliation claims can proceed directly to court, while others require administrative steps first. An employment attorney can help determine the appropriate process for your circumstances.
How long do you have to file a retaliation claim?
California has different filing deadlines depending on the law involved. For retaliation claims under the Fair Employment and Housing Act, employees generally have three years to file an administrative complaint with the California Civil Rights Department.
Many retaliation complaints handled by the Labor Commissioner must be filed within one year of the retaliatory act, although some claims have different deadlines or exceptions.
If you suspect retaliation, it’s worth speaking with an attorney early. Even when you have time to file, important evidence can become harder to obtain.
What can you recover in a retaliation case?
If your employer unlawfully retaliated against you, you may be entitled to recover lost wages and employment benefits. Depending on the law involved, compensation may also cover future lost earnings or the emotional harm caused by your employer’s actions.
Some cases allow employees to seek reinstatement, while others may qualify for punitive damages, statutory penalties, or attorney’s fees. The remedies available depend on the specific claim and the evidence supporting it.
How much does a Los Angeles retaliation attorney cost?
The cost depends on the attorney’s fee structure and the complexity of your case. Some attorneys charge hourly rates, while others work on a contingency-fee basis. JLG Lawyers follows the latter approach - we don’t get paid attorney fees unless we recover compensation for you. You can discuss the fee arrangement with our team before deciding whether to move forward.
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Your Employer Has Their Version. We Want to Hear Yours.
Perhaps you’ve already lost your job. Perhaps you’re still employed, but things haven’t been the same since you raised a concern. Whatever your circumstances, you deserve a fair assessment of what happened. Speak to a JLG attorney to help you pursue an appropriate legal recourse.
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