California Workplace Retaliation: What the Law Protects
By Aidin Ghavimi, Managing Attorney ·
Fired after you complained in California? How FEHA retaliation, Labor Code 1102.5, and the filing deadlines work, and what to do next.
Employment Law
6 min read
Short answer: California law prohibits an employer from punishing you for opposing discrimination or harassment, or for reporting what you reasonably believe is illegal. The two main paths are Government Code 12940(h) and Labor Code 1102.5, and they do not share the same deadline. A firing, demotion, pay cut, or sudden write-up after a protected complaint can be retaliation.
What to do if you were punished for speaking up
- Write down the complaint, the date, who received it, and what you said. Keep the email, text, or HR ticket.
- Write down the adverse action and the reason the employer gave. Note whether your record was clean before the complaint.
- Save schedules, reviews, pay stubs, and the names of people who knew about the complaint.
- Do not sign a severance release until a lawyer reads it. The review rules are on our severance agreement review page.
- Calendar the deadline before you pick a forum. Use the deadline checker.
Which retaliation law applies
These are different claims. A page about one of them does not replace the others. Our whistleblower page is the deeper guide to Labor Code 1102.5. This page is the hub for the choice among them.
| Law | What it protects | Where it starts | Ordinary deadline | 90-day presumption |
|---|---|---|---|---|
| Government Code 12940(h) | Opposing a practice forbidden by FEHA, or filing, testifying, or assisting in a FEHA proceeding. Complaints about harassment and discrimination belong here. | Civil Rights Department, then court after a right-to-sue notice | Three years to file with the department under Government Code 12960(e)(5). A lawsuit is generally due within one year of the right-to-sue notice under Government Code 12965. | No |
| Labor Code 1102.5 | Disclosing a reasonably believed violation of a federal, state, or local law, rule, or regulation, including an internal report. Also refusing to take part in an illegal act. | Court, or a Labor Commissioner complaint. You do not have to file with the Labor Commissioner first. | A Labor Commissioner complaint is due within one year under Labor Code 98.7. A court case is generally treated as a three-year claim. Time to sue is tolled while a Labor Commissioner complaint is open. | Yes. Labor Code 98.6 covers this chapter and creates a rebuttable presumption if the adverse action is within 90 days. |
| Wrongful termination in violation of public policy | A firing, not every lesser slight, when the reason violates a fundamental public policy. | Superior court | Generally two years. | No automatic presumption |
Government Code 12940(h)
Government Code 12940(h) makes it unlawful for an employer, labor organization, employment agency, or other person to discharge, expel, or otherwise discriminate against a person because that person opposed a practice forbidden under FEHA, or because the person filed a complaint, testified, or assisted in a proceeding under FEHA. Complaining about sexual harassment, disability discrimination, or another protected characteristic fits here. A complaint that never mentions a protected characteristic is a weaker fit.
As of January 1, 2026, Government Code 12960(f) can toll the time to file a civil action while a Civil Rights Department complaint is open, until the department sues or for one year after it issues a closure notice. That tolling does not extend the three years you have to open the department complaint. Deadlines move for other reasons too, including late discovery. Do not assume an extension applies to you.
Labor Code 1102.5
This statute protects a report of what you reasonably believe is a legal violation. You do not have to be right. The report can go to a government agency, a supervisor, or someone at work with authority to investigate or correct the problem. Refusing to participate in an illegal act is also protected. The employer cannot retaliate because it believes you reported or might report.
In a 1102.5 case, you must show by a preponderance of the evidence that the protected act was a contributing factor. The employer must then prove by clear and convincing evidence that it would have taken the same action for legitimate, independent reasons even if you had not done the protected act (Labor Code 1102.6). Separately, Labor Code 98.6 creates a rebuttable presumption if the prohibited action comes within 90 days of protected activity in that chapter, which includes 1102.5. The employer can rebut the presumption. Labor Code 98.6 and Labor Code 1102.5 each allow a civil penalty of up to $10,000 per employee for each violation, awarded to the employee. That penalty is not a promise of what any one case produces.
What retaliation looks like
- Termination, layoff of only the person who complained, or a resignation the employer forced.
- Demotion, lost shifts, a pay cut, or removal from a client or route.
- A performance plan that appears only after the complaint. See our performance improvement plan guide.
- A bad reference, a threat, or cutting someone out of the work they used to do.
Retaliation for using paid sick leave or bereavement leave is covered on the sick leave and bereavement page. A firing for a wage complaint also has its own presumption under Labor Code 98.6, explained on the wage and hour page.
Checklist
- The complaint itself, with the date and the recipient.
- The handbook policy you say was broken.
- Reviews and write-ups from before and after the complaint.
- Names of decision-makers and whether they knew about the complaint.
- Pay stubs, schedules, and the final paycheck. If the final paycheck is late, use the final paycheck calculator.
- Any release the employer asked you to sign, and the date the offer expires.
Questions people ask
What counts as retaliation in California?
Retaliation is punishment for a protected act, such as opposing discrimination or reporting a suspected legal violation. Firing is the clearest example. A demotion, pay cut, bad schedule, or sudden write-up can count too.
How long do I have to file?
A Civil Rights Department complaint for FEHA retaliation is generally due within three years. A Labor Commissioner retaliation complaint is generally due within one year. Wrongful termination in violation of public policy is generally two years.
Does a firing within 90 days prove retaliation?
Not by itself. For Labor Code whistleblower and wage-complaint claims, an adverse action within 90 days creates a rebuttable presumption. The employer can still prove a real, independent reason. FEHA has no automatic 90-day presumption.
How much is a retaliation case worth?
There is no set amount. Losses can include lost pay, benefits, and emotional distress, plus penalties or fees under some statutes. The result depends on the proof and the harm. Prior results do not guarantee a similar outcome.
Can I be fired for complaining to HR?
A complaint can be protected if you opposed discrimination or harassment, or reported what you reasonably believed was illegal. A complaint about ordinary management, with no legal issue, usually is not protected. Save it in writing.
Talk with Starpoint Law. Call 310-424-9971 or contact us online for a free consultation. Offices in Century City and Sherman Oaks. We represent people in California only. The case is handled on contingency. If we do not win, you owe Starpoint Law nothing: no attorney fee and no case costs. This page is general information, not legal advice.
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