Representing Employees In Los Angeles Workplace Retaliation Claims
Last updated on February 6, 2026
California is an at-will employment state, which means your employer can fire you for any reason or no reason at all with few exceptions. Those exceptions include discrimination or retaliation such as terminating an employee for blowing the whistle on illegal behavior or complaining about being subjected to sexual harassment in the workplace. Despite being unlawful, retaliation continues to harm workers in Los Angeles and beyond.
At Reisman & Reisman, Attorneys at Law, our attorneys combine for over 20 years of California employment law experience. We vindicates the rights of workers, helping them hold their employers accountable for illegal acts of retaliation. If you’ve lost your job due to retaliation, we can help you obtain financial compensation for what you’ve been through and ensure that justice is served.
Employer Retaliation Is Prohibited By Law
Illegal retaliation occurs when an employer subjects an employee to an adverse employment action for engaging in protected activity. Such protected activity can include an employee complaining about illegal discrimination or harassment, reporting illegal activity either to the employer or law enforcement, or complaining about an employer failing to pay overtime wages. Employees have the right to register complaints against their employer or supervisor for any of the aforementioned reasons.
According to California and federal laws, it is illegal for an employer to retaliate against an employee because the employee engaged in protected activity. Actionable retaliation usually involves a termination; however, it may also involve other adverse employment actions such as demotion. Examples of protected activity include:
An employee may not be fired in retaliation for engaging in protected activity, such as the following:
- Reporting illegal discrimination in the workplace
- Reporting illegal harassment in the workplace
- Refusing to engage in illegal activity
- Reporting illegal activity in the workplace to the employer or to law enforcement
Frequently Asked Questions About Workplace Retaliation In Los Angeles
Below are answers to some of the most common questions employees in Los Angeles have about retaliation under California employment law and how these claims are evaluated.
What legally qualifies as retaliation under California employment law?
Under California law, retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in protected activity. Protected activity includes actions such as reporting discrimination or harassment, complaining about unpaid wages or overtime, requesting legally protected leave, reporting unsafe working conditions or refusing to participate in illegal conduct. The key issue is not whether the employer was unhappy, but whether the negative action was motivated by the employee asserting their legal rights.
Adverse actions are not limited to termination. Retaliation can also include demotion, reduction in hours, pay cuts, undesirable schedule changes, negative performance reviews or creating a hostile work environment. California courts look at the full context of the employment relationship, including timing and patterns of behavior, to determine whether retaliation occurred.
Should I reach out to HR or a lawyer if I feel I am a victim of workplace retaliation?
This decision depends on the circumstances, but employees should proceed carefully. Human resources departments exist to protect the employer, not the employee. While internal complaints can sometimes resolve issues, they can also create documentation that the employer later uses defensively. In some cases, reporting retaliation internally may lead to further adverse treatment.
Speaking with a lawyer first can help you understand your rights, assess risk and determine the best course of action. An attorney can explain whether your situation meets the legal definition of retaliation, what evidence is important and whether internal reporting is advisable.
Can I still claim workplace retaliation if my employer has a different reason listed for firing me?
Yes. Employers often give an alternative explanation for termination such as poor performance, restructuring or policy violations. A retaliation claim does not require the employer to openly admit retaliatory intent. Instead, the focus is on whether the stated reason is legitimate or merely a pretext for retaliation.
Evidence such as sudden negative reviews, inconsistent enforcement of policies, close timing between protected activity and termination, or differential treatment compared to other employees can support a retaliation claim. California law allows employees to challenge employer explanations and present evidence showing that retaliation was a motivating factor in the decision.
Don’t Wait Another Day. Contact Us Today.
Our team at Reisman & Reisman, Attorneys at Law can protect your rights as an employee and help you get the compensation you deserve for what you have been through. Call 310-362-3905 or email us to request a consultation. There is no fee unless we win.