What counts as illegal retaliation at work

This page is general information, not legal advice. It covers retaliation for speaking up about pay, safety and other work rights. Immigration threats have their own page: My boss threatens to call immigration.

What is retaliation?

Retaliation is when your employer punishes you because you did something the law protects. It has three parts:

1. You did something protected, like asking to be paid what you are owed.
2. Your employer did something bad to you, like firing you or cutting your hours.
3. The second happened because of the first.

Bad treatment alone is not always retaliation. A bad boss is not breaking the law just by being unfair. What makes it illegal is the link to a protected act.

What actions are protected?

California has many laws against retaliation. The Labor Commissioner keeps a list of the laws it enforces. Some of the most common protected acts:

• Complaining about pay. Telling your employer, out loud or in writing, that you are owed wages, or filing a wage claim (Labor Code 98.6).
• Talking about pay or working conditions. Sharing your wages or your working conditions with others (Labor Code 232 and 232.5).
• Using paid sick days, or asking about them (Labor Code 246.5). See Paid sick days.
• Reporting a safety problem or an injury, or refusing work that breaks a safety rule and puts you in real and clear danger (Labor Code 6310 and 6311).
• Reporting something illegal. Telling a government agency, the police, or a supervisor who can fix it, that you reasonably believe a law or rule is being broken. This counts even if reporting is part of your job (Labor Code 1102.5).
• Refusing to do something illegal at work (Labor Code 1102.5).
• Taking school time for your child, up to 40 hours a year at employers with 25 or more workers at one location (Labor Code 230.8).
• Updating your name, Social Security number or work permit after a lawful change (Labor Code 1024.6). See How to update your Social Security number with your employer.
• Complaining about discrimination or harassment, or helping in someone else's case (Government Code 12940(h)).
• Helping coworkers use their rights. Exercising rights on behalf of others is protected too (Labor Code 98.6).

Jury duty and time off for crime victims are also protected. Since January 1, 2025, most of those rules moved to the state civil rights law, so those complaints go to the Civil Rights Department (Labor Commissioner list).

What does punishment look like?

Retaliation can be big or small. It includes being:

• Fired, or told you will be fired
• Demoted, suspended, or given fewer hours
• Moved to a worse shift, job or location
• Written up for things others do without trouble
• Threatened, yelled at, or shut out after you complained
• Reported, or threatened with a report, to immigration or the police

The laws cover job applicants too, not only workers (Labor Code 98.6).

How do I show it was retaliation?

Timing helps a lot. Under several laws, if your employer acted against you within 90 days of your protected act, the law presumes it was retaliation. Your employer then has to show another reason. This applies to complaints about pay and other Labor Code rights (Labor Code 98.6) and to equal pay complaints (Labor Commissioner list). For sick days, the window is 30 days (Labor Code 246.5).

Even outside those windows, you can still show retaliation. Things that help:

• A clear before and after: good reviews, steady hours, then a sudden change
• Texts or words from your boss linking the punishment to your complaint
• Coworkers who saw what happened
• Being treated worse than coworkers who did not complain
• Reasons that keep changing

Where do I file?

It depends on what you did that was protected.

Sources for the deadlines: Labor Commissioner, Labor Code 98.7 and Civil Rights Department. The one year Labor Commissioner deadline can be extended for good cause, but do not count on that. If you miss it, the Labor Commissioner says a lawsuit may still be possible; talk to a lawyer.

How do I file with the Labor Commissioner?

1. Gather your timeline and any proof: texts, schedules, pay stubs from before and after.
2. File online on the retaliation complaint page. For safety cases, use the safety retaliation page, which also takes email, mail and in person filing.
3. Call 833-526-4636 if you need help or an interpreter.

You do not need a Social Security number or photo ID. The Labor Commissioner says it will not question your immigration status and will not report it to other agencies (Labor Commissioner).

What can I get?

If the Labor Commissioner finds retaliation, it can order your employer to stop, rehire you, and pay your lost wages with interest and penalties (Labor Code 98.7).

• A worker punished for a pay complaint or other Labor Code right can get their job back and lost wages and benefits (Labor Code 98.6).
• The employer can also owe a civil penalty of up to $10,000 per worker for each violation, under both Labor Code 98.6 and Labor Code 1102.5. Under 1102.5, that penalty goes to the worker.
• You do not have to file with the Labor Commissioner before going to court (Labor Code 98.7). A lawyer can tell you which path fits.

No one can promise a result. Retaliation cases take time and proof. Filing still protects your deadline.

What about federal law?

Some federal laws protect against retaliation too, with shorter deadlines. Federal charges about job discrimination and retaliation usually go to the EEOC within 180 days, or 300 days when a state agency like the Civil Rights Department enforces a similar law (EEOC). If you file with the Civil Rights Department, ask whether it will also send your case to the EEOC.

What mistakes should I avoid?

• Waiting to see if it gets better. The clock starts when your employer acts, not when you decide to complain.
• Quitting in anger before getting advice. Talk to a clinic first if you can. Quitting can affect unemployment.
• Keeping proof only on a work phone or work email. Save copies at home or on your own phone.
• Signing a paper to get a last check or severance before you understand it. Your employer must pay wages you already earned without a release. See Should I sign a severance agreement?
• Arguing or threatening back. Stay calm, write it down, and file.

Who can help?

These are public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Labor Commissioner: retaliation complaints, with phone interpreters at 833-526-4636. How to file
• Civil Rights Department: retaliation for discrimination complaints. Call 800-884-1684 or email contact.center@calcivilrights.ca.gov. Complaint process
• Legal Aid at Work, Workers' Rights Clinic: free and confidential for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093. Clinic details
• More local help: Free help with a work problem in the Bay Area

Speaking up took courage. The law is on your side here, and help is free. Take the first step this week.

Questions people ask

My boss says I was fired for being late, but it started right after I complained. Write down both. If it happened within 90 days of a pay complaint, the law presumes retaliation and your employer must prove the other reason. A clinic can help you weigh it.

I complained out loud, not in writing. Does it count? Yes. Labor Code 98.6 covers oral and written complaints about unpaid wages.

I am still working there. Can I file? Yes. You do not have to be fired to file. Cut hours, a worse shift or threats can count.

I complained for a coworker. Am I protected? Yes. Using rights on behalf of others is protected under Labor Code 98.6.

Is there a timeline I can print?