Lipeles Law Group has represented California employees since 2007. Retaliation sits alongside the firm's other employment law services, and we work in English and Spanish.
What qualifies as retaliation at work in California?
Two laws do most of the work. A single set of facts can fall under one or both.
FEHA: Government Code 12940(h)
FEHA is the Fair Employment and Housing Act. Its retaliation section, as a California Court of Appeal opinion quotes it, "makes it an unlawful employment practice for an emplo yer to retaliate against an employee because that employee opposed any practice forbidden by FEHA or because the employee filed a complaint, testified, or assisted in any proceeding under FEHA."
So the protected act can be speaking up about harassment or discrimination. It can also be taking part in someone else's complaint.
Labor Code 1102.5 and the Labor Commissioner
Labor Code 1102.5 is a whistleblower law. The Labor Commissioner takes retaliation complaints under laws it enforces, such as Labor Code 1102.5 or 98.6.
The next section, 1102.6, sets the proof rule for these claims. It is covered below under proving retaliation. The full text of both sections is published on the California Legislature's code site, leginfo.legislature.ca.gov.
Can I be fired for reporting harassment?
The Civil Rights Department (CRD) answers part of this in one line: "Firing an employee for filing a complaint with CRD is illegal retaliation." (CRD complaint process)
FEHA's retaliation section also covers opposing a practice FEHA forbids, which includes reporting harassment inside the company. The harassment itself may be a second claim. Our sexual harassment page explains how the firm handles those cases.
What is considered an adverse employment action?
Three examples from California's official legal sources:
- Firing. The CRD calls firing a worker for filing a CRD complaint illegal retaliation.
- A denied promotion. In one appellate case, the claimed adverse action was being passed over for promotions (Court of Appeal opinion).
- Being pushed to quit. Retaliation can be shown by constructive discharge. The jury instruction materials describe it as the employer having "intentionally created or knowingly permitted working conditions to exist that were so intolerable that a reasonable person in the employee's position would have had no reasonable alternative other than to resign."
When the adverse action was a firing, our wrongful termination page covers the other grounds that can apply.
How do you prove retaliation at work?
Under FEHA, a worker must show these three things, per the California jury instruction materials:
- You engaged in a protected activity.
- Your employer subjected you to an adverse employment action.
- A causal link existed between the protected activity and the employer's action.
Whistleblower claims under Labor Code 1102.5 follow a different proof rule. First the worker shows the protected activity was a contributing factor in the adverse action. Then, under Labor Code 1102.6, "the employer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons" (Court of Appeal opinion).
Employers can meet that burden. In that same case, the jury found the city would have denied the promotions for legitimate, independent reasons.
Each element and each deadline turns on facts you can write down now:
- The date you reported or complained, and to whom.
- What you reported, in your own words.
- The date of each adverse action: the firing, the demotion, the denied promotion.
- Any emails, texts or reviews from before and after your report.
How long do I have to file a retaliation claim in California?
The deadline depends on the law and the agency. These are the deadlines as their official sources state them, read at those sources in October 2026.
| Claim | Where it is filed | Deadline | |---|---|---| | FEHA discrimination or retaliation | Civil Rights Department | Within three years of the act, in general | | Retaliation under a law the Labor Commissioner enforces, such as 1102.5 or 98.6 | Labor Commissioner | Within one year of the adverse action, in most cases | | Equal Pay Act retaliation (Labor Code 1197.5) | Labor Commissioner | Within two years, three if willful | | Whistleblowing on child day care licensing violations | Labor Commissioner | 90 days |
Other deadlines can apply to other kinds of complaints. The Labor Commissioner's retaliation complaint page lists the process in full.
How do I report whistleblower retaliation in California?
A whistleblower retaliation complaint under Labor Code 1102.5 goes to the Labor Commissioner's Office, within one year of the adverse action in most cases.
When the retaliation was for opposing discrimination or harassment, the complaint goes to the Civil Rights Department.
Our post on retaliation against whistleblowers has more background.
What damages can I recover for workplace retaliation?
Damages depend on the facts of each case and the law the claim is brought under. For what a FEHA or Labor Commissioner claim may recover, see the CRD complaint process or the Labor Commissioner's retaliation complaint page.
Do I need a lawyer for a retaliation claim?
Lipeles Law Group represents employees across California. The firm has practiced employment law since 2007, from its office in Hermosa Beach, in English and Spanish.
You can see past matters on our case results page. Results vary with the facts of each case.
Disclaimer: This page is general information and is not legal advice. Outcomes depend on the facts of each case and the law that applies.
Take the two minute wrongful termination and retaliation case review and a lawyer will tell you whether you have a claim.
