When your employer punishes you for doing the right thing, you need a retaliation attorney who understands California employment law. Mercer Legal Group represents employees throughout Los Angeles and surrounding areas in workplace retaliation cases involving unlawful termination, demotion, and other adverse employment actions.
Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity. Under California law and federal laws like Title VII of the Civil Rights Act, employers cannot punish workers for reporting misconduct, filing a discrimination complaint, or participating in a workplace investigation.
Protected activity includes:
When an employer retaliates, the adverse action can take many forms: wrongful termination, demotion, reduction in hours, exclusion from meetings, unfair performance reviews, or creating a hostile work environment.
California Labor Code Section 1102.5 protects employees who report illegal activity. If you reported fraud, safety violations, or other misconduct to a supervisor or government agency and faced retaliatory conduct, you may have a valid claim.
Filing a formal complaint about employment discrimination based on race, gender, age, disability, national origin, or sexual orientation is protected activity under the law. Both federal and state laws prohibit retaliation against employees who report discrimination claims or participate in related investigations.
California law prohibits employers from punishing employees for filing workers’ compensation claims after a workplace injury. If you were terminated or demoted after reporting an injury, this may constitute unlawful retaliation.
The Family and Medical Leave Act and California Family Rights Act protect your right to take medical leave. Employer’s retaliation for exercising leave rights—such as termination upon return or denial of promotions—violates employment law.
Employees who report sexual harassment are protected from employer’s retaliatory actions. If you faced adverse action after filing a complaint, you have legal rights under California’s Fair Employment and Housing Act (FEHA).
California provides strong protections against workplace retaliation. Labor Code Section 1102.5 shields whistleblowers. FEHA prohibits punishing employees for opposing unlawful discrimination or harassment. Additional state laws protect workers who report wage violations.
Federal laws protecting employees include Title VII of the Civil Rights Act, the Fair Labor Standards Act, the Americans with Disabilities Act, and the Occupational Safety and Health Act. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-retaliation laws. In California, the Civil Rights Department handles state law violations under FEHA.
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Most workplace retaliation settlements include compensation for lost wages, emotional distress, and in some cases, punitive damages. Retaliation claims are generally settled before trial, with settlement amounts varying based on several factors: strength of evidence, severity of emotional harm, duration of employment discrimination, and the employer’s conduct.
Recoverable damages may include back pay, front pay, emotional distress damages, and reimbursement of legal fees. If the employer’s actions were particularly egregious, courts may award punitive damages.
The value of your case depends on clear documentation, witness testimony, and the ability to prove workplace retaliation through compelling evidence.
Suing for retaliation requires understanding complex employment law and the legal process. An experienced employment attorney can evaluate whether your employer’s actions constitute unlawful retaliation, identify all potential claims, and build a strong case using proper evidence.
Employers often argue that adverse actions were based on poor performance or legitimate business reasons rather than retaliatory motive. A retaliation claims lawyer knows how to counter these defenses and demonstrate that the stated justification is pretext.
Our attorneys handle retaliation claims for employees across Los Angeles County, including Burbank, Glendale, Pasadena, and throughout Southern California. We analyze the facts of each case, identify federal and state law violations, and develop strategies to pursue maximum financial compensation.
We handle negotiations with employers and their legal teams. If a favorable settlement cannot be reached, we are prepared to take your retaliation lawsuit to trial.
To prove retaliation, you must establish three elements:
Protected Activity: You engaged in a legally protected activity such as reporting discrimination, filing employee complaints, or participating in an investigation.
Adverse Employment Action: Your employer took negative action against you—termination, demotion, pay reduction, or other material changes to your employment.
Causal Connection: There is a link between your protected activity and the employer’s actions. Close temporal proximity between reporting misconduct and facing consequences often demonstrates retaliatory motive.
Documentation makes a strong retaliation case. Save emails, performance reviews, witness statements, and written correspondence that show the timeline of events. Note sudden changes in treatment, increased scrutiny, or comments from supervisors that suggest retaliatory behavior.
Step 1: Document Everything Save all emails, text messages, performance reviews, and records showing the timeline of events. Note dates, witnesses, and specific statements from supervisors or management.
Step 2: Preserve Evidence Do not delete communications or return company property containing relevant information without making copies. This documentation supports your claim.
Step 3: Contact an Attorney Speak with a retaliation attorney who can evaluate your case and explain your options under California employment law.
Step 4: File Your Claim Work with your attorney to file complaints with the appropriate agency and pursue your employer retaliation claim through negotiation or litigation.
If you experienced retaliation after reporting misconduct or exercising your legal rights, contact our Los Angeles office. We will review your situation and discuss potential next steps for your case.
Call: (818) 650-3061
An employer retaliates against an employee who reports discrimination or cooperates with an investigation. It can involve demotion, firing, harassment, or other workplace issues.
Proof of retaliation requires emails, performance reports, witness statements, and other evidence tying your protected activity to adverse actions. A professional retaliation claims attorney can help you compile and present this evidence.
Retaliation victims can receive lost wages, reinstatement, mental suffering, and punitive damages. Your case and retaliation’s effects on your career and well-being decide your compensation.
RETALIATION claims have state and case-specific statutes of limitations. Contact a retaliation claims attorney promptly to file on time.
Retaliation claims are generally settled out of court. Retaliation claims are generally settled faster and cheaper. If a fair settlement is not available, our attorneys will pursue justice in court.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult a qualified wrongful termination lawyer in Los Angeles, California, for advice specific to your situation.