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You Have a Right to Speak Up about Unsafe Work Practices
By law, your employer cannot retaliate against you for:
- Requesting to take paid sick leave
- Filing a wage claim
- Reporting an unsafe or unhealthy condition
- Filing a workers’ compensation claim
Retaliation Can Take Many Forms:
- Getting fired or being put on suspension
- Reduction in your pay or hours
- Threats about immigration status or calls to immigration agencies
The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner's Office.
How to File a Retaliation Complaint
Who Can File
Any worker who believes their employer retaliated because the worker took an action protected by California labor law.
Complaints must be filed within one year of the retaliatory act, except for the following instances:
- Whistleblowers retaliated against for raising child day care licensing violation complaints - 90 days
- Equal Pay Act violations - within two years (three years if willful) of the violation
How to Prepare
Gather any information showing your employer took action against you because you exercised your labor rights. For example:
- Document any change in your employment conditions following the moment you exercised your rights, such as demotion or reductions in pay or hours.
- Gather documents to compare your employment conditions prior to the moment you exercised your rights, such as pay stubs, time sheets, personnel evaluations or commendations, personal notes or other records.
How to File a Complaint
You can file your complaint online.
If you prefer to submit your complaint by mail, complete the following steps:
- Download and complete the Retaliation Complaint.
- Print, complete the form thoroughly, sign and date it.
- Include copies of all supporting documents. Do not send originals.
- Mail or deliver the completed form and supporting documents to the Labor Commissioner’s Office location nearest you.
More Resources
March 2023
COVID-19 Resources
Additional COVID-19 Resources
FAQs
The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner's Office.
How do I prove my boss is retaliating? ›
Even absent suspicious timing, other relevant facts may include verbal or written statements; comparative evidence that a similarly situated employee was treated differently; falsity of the employer's proffered reason for the adverse action; or any other evidence from which an inference of retaliatory intent might be ...
What makes a strong retaliation case? ›
The more documentation you have, the stronger your claim will be. One of the most powerful forms of evidence in a retaliation case is witness statements. If colleagues or coworkers witnessed the retaliatory behavior or heard your employer make threatening comments, their testimony can be invaluable.
How hard is it to win a retaliation lawsuit? ›
Winning a retaliation case can be daunting, but it is possible when you have strong evidence on your side. Your case is only as strong as the evidence you have. In other words, you need to substantiate your claim with facts and evidence.
What are examples of retaliation in the workplace? ›
reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; engage in verbal or physical abuse; threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police);
What evidence is needed in a retaliation case? ›
This could include written documentation of adverse actions, changes in job responsibilities, negative performance evaluations, or any other tangible proof of retaliation. Records of communication, especially emails that discuss or allude to the alleged retaliation can provide a clear trail of events and motivations.
How much is a retaliation lawsuit worth? ›
How much is the payout for hostile work environment? ›
Short answer: According to Expertise.com, most hostile work environment settlements are roughly $50,000. Settlements can also be six and seven figures in more severe cases.
What are three actions that constitute retaliation? ›
Retaliation to participation focuses on retaliation against employees engaging in protected activities, such as:
- Filing a charge of discrimination.
- Opposing unlawful conduct (or testifying about said unlawful conduct)
- Participating in an investigation, proceeding, or hearing about the unlawful conduct.
Are retaliation claims rare? ›
Retaliation claims are not rare in California. They are relatively common, as employees in California are protected by strong labor laws that prohibit retaliation for engaging in protected activities such as reporting workplace violations, discrimination, harassment, or participating in legal proceedings.
Employees who have experienced retaliation often ask for an award of "pain and suffering," which includes the negative emotions (including anger, embarrassment, frustration, and the like), reputational harm, and other negative consequences you've experienced as a result of the retaliation.
Does HR take retaliation seriously? ›
Retaliation charges are taken very seriously because it is often hard for employees to exert their rights in the first place. If they see coworkers being punished for doing so, it can deter others from engaging in activities the laws are designed to protect.
What are compensatory damages for retaliation? ›
Despite any wage loss, a claimant may be entitled to compensatory damages the retaliation caused (within federal limits), including pain and suffering, emotional distress, harm to reputation, medical bills, job search costs, and other out-of-pocket expenses.
How do you deal with retaliation from your boss? ›
Here are some legally-protected actions employees should be able to take without fear of retaliation:
- Ask about wages (to ensure fair compensation)
- Report harassment or discrimination.
- Resisting sexual advances, or stopping others.
- Request accommodations for disability or religion.
- File an EEOC claim.
What is a subtle retaliation? ›
Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation. The silent treatment can take various forms.
What does retaliation from a manager look like? ›
Other overt examples of retaliation by a manager also affect your job, although not as drastically as being fired. You can be demoted from your present position to a less desirable one for dubious reasons. Similarly, your employer might pass you over for a promotion and give the position to another employee.
What are the three elements of retaliation? ›
Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation:
- Protected activity.
- Adverse action.
- Causal connection.
What is an example of a retaliation complaint? ›
Here is an example of illegal workplace retaliation: Charlie complains to his foreman about graffiti in the workplace that he believes is derogatory toward women. Charlie asks that the graffiti be removed because several women have told Charlie they are offended by it.
What is a subtle example of retaliation? ›
You should be suspicious if your employer, supervisor, or colleagues suddenly ignore you after a complaint. Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation.