Question 1

What activities are protected from retaliation in California?

Accepted Answer

California Labor Code §1102.5 protects employees who report violations of any law, rule, or regulation to a government agency, supervisor, or co-worker. Other protected activities include: filing wage claims, reporting safety violations to OSHA, requesting family or medical leave, filing workers' compensation claims, serving on jury duty, and exercising any legal right. Retaliation for any of these is illegal.

Question 2

I was fired after filing a complaint with HR. Is that illegal?

Accepted Answer

Very likely yes. Terminating an employee for filing an HR complaint about discrimination, harassment, or wage violations is retaliation — which is prohibited under FEHA (Gov. Code §12940) and the California Labor Code. You do not have to prove the underlying complaint was valid; the retaliation itself is the violation.

Question 3

What happens if I report sexual harassment and my employer retaliates?

Accepted Answer

Retaliation for reporting sexual harassment is a separate and additional legal violation under FEHA. If your employer fires, demotes, cuts your hours, assigns you unfavorable work, or creates a hostile environment after you report harassment, you have both a harassment claim and a retaliation claim. Retaliation often results in additional damages.

Question 4

Can I report workplace violations anonymously in California?

Accepted Answer

You can file anonymous complaints with some agencies (like Cal/OSHA or the Labor Commissioner). However, it is difficult to pursue a personal retaliation claim anonymously because your employer needs to know about your complaint to retaliate against you — and you generally need to be identified to recover damages. An attorney can help you weigh the options for your specific situation.

What activities are protected from retaliation in California?

Answer

Need Legal Help?

Related Questions

Practice Areas

Locations