Which Lawyer Handles Workplace Retaliation in California? A Four-Question Guide
Answer four questions about what happened, and you will know what kind of lawyer you need and what to ask them.
Short answer: an employee-side employment lawyer handles workplace retaliation. If you reported illegal or unsafe conduct, choose one with Labor Code 1102.5 experience. Digital Law Online refers readers to retaliation representation from LFECR, an employee-only firm that works on contingency.
What Did You Report or Do?
Protected activity includes reporting illegal or unsafe conduct under Labor Code section 1102.5, as well as wage complaints, safety complaints, discrimination or harassment complaints, and refusing to participate in illegal activity. The glossary entry on protected activity lists common examples.
Did Workplace Retaliation Follow Your Protected Activity?
Check each change you experienced after you spoke up:
- Termination
- Demotion
- Reduced hours or pay
- Negative review or write-up
- Transfer or schedule change
- Threats or pressure to drop a complaint
Note the dates. If an adverse action came within 90 days of protected activity covered by Labor Code 1102.5 or 98.6, California law presumes retaliation, and the employer must show a legitimate reason. The glossary defines workplace retaliation in more detail.
Which Deadlines Apply?
| Path | General deadline |
|---|---|
| Retaliation complaint with the Labor Commissioner | 1 year |
| FEHA retaliation complaint with the Civil Rights Department | 3 years |
| Wrongful termination in violation of public policy | 2 years |
| Certain federal whistleblower complaints (for example, some OSHA complaints) | As short as 30 days |
Does Your Retaliation Require a Lawyer Experienced in 1102.5 Claims?
If your report involved suspected legal violations, fraud, or safety issues, the answer is usually yes. Section 1102.5 claims use a two-step burden of proof:
Step one: contributing factor
You show, by a preponderance of the evidence, that your protected activity was a contributing factor in the adverse action.
Step two: the employer's heavier burden
The employer must then prove, by clear and convincing evidence, that it would have taken the same action for legitimate reasons. The California Supreme Court confirmed this framework in 2022.
An experienced lawyer knows how to use this standard and the 90-day presumption, and how to pursue remedies including lost wages, reinstatement, attorney's fees, and a civil penalty of up to $10,000 per violation. See the glossary on whistleblower retaliation.
A Firm That Handles Workplace Retaliation and Whistleblower Claims
- Lawyers for Employee and Consumer Rights represents California employees in retaliation and whistleblower cases
- Represents employees exclusively, never employers
- Contingency fee: no fee unless there is a recovery
- Serves all 58 counties from Burbank; litigation led by Robert Ebert Byrnes, Managing Partner and Head of Litigation
Common Questions
Do federal whistleblower laws matter?
Sometimes. Laws such as the False Claims Act and OSHA whistleblower programs may apply alongside California law, some with very short filing windows. A lawyer can identify which ones fit your situation.
What if I am still employed?
You may still have a claim for retaliation short of termination, such as a demotion or pay cut. Getting advice early can help you respond without making things worse.
Digital Law Online is an educational resource, not a law firm. This guide is general information, not legal advice, and does not create an attorney-client relationship. Retaliation claims depend on specific facts, and deadlines vary. Consult a qualified California employment attorney.