What Are My Rights if My Employer Retaliates Against Me for Filing a Claim?

Workplace retaliation is one of the most difficult situations an employee can face. After reporting unsafe conditions or filing a workers’ compensation claim, you have the right to expect fair treatment. Instead, some employers cut hours, demote workers, or even terminate employment.

This type of conduct is retaliation, and it is unlawful under both California and federal law. Knowing your rights is essential to protecting your career and your well-being.

If you believe your employer retaliated against you, call Ufkes & Bright today at 714-909-2609 for a confidential consultation.

Understanding Retaliation in the Workplace

Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. These activities include filing a workers’ compensation claim, reporting harassment or discrimination, raising safety concerns, or requesting accommodations.

Retaliation does not always take the form of termination. It may also involve:

• Cutting hours or reassigning shifts
• Transferring an employee to less favorable locations
• Assigning unreasonable or punitive workloads
• Blocking advancement opportunities
• Spreading false information to damage reputation

These actions discourage workers from exercising their legal rights. California law provides robust protections to ensure employees can come forward without fear.

Retaliation and Workers’ Compensation Claims

California’s workers’ compensation system is designed to provide benefits such as medical care, disability payments, and wage replacement. Unfortunately, some employers view claims as a burden and attempt to discourage workers from filing.

Under California Labor Code § 132a, it is unlawful for an employer to discriminate against or take adverse action against an employee who has filed—or intends to file—a workers’ compensation claim. Retaliation in this context may justify not only reinstatement and back pay, but also increased benefits.

Federal Protections Against Retaliation

In addition to California laws, federal statutes also protect employees from retaliation. Key protections include:

• Title VII of the Civil Rights Act – Safeguards employees who report harassment or discrimination.
• Americans with Disabilities Act (ADA) – Protects workers requesting disability accommodations.
• Occupational Safety and Health Act (OSHA) – Bars retaliation for reporting unsafe conditions.
• Fair Labor Standards Act (FLSA) – Prohibits retaliation when employees raise wage or overtime concerns.
• Family and Medical Leave Act (FMLA) – Protects those who take leave for medical or family reasons.

Together, these laws ensure employees cannot be punished for asserting legal rights.

Examples of Retaliation Cases

Real-world scenarios show how retaliation unfolds in the workplace:

• Unsafe workplace report: A warehouse worker reports unsafe equipment to OSHA. Weeks later, he is reassigned to overnight shifts despite seniority.
• Workers’ compensation claim: An office employee files a claim for repetitive stress injuries. Soon after, her hours are cut, and she is excluded from meetings.
• Discrimination complaint: A restaurant worker reports racial discrimination and is terminated shortly thereafter, under the pretense of poor performance.

Each of these may constitute retaliation if evidence shows a connection between the protected activity and the adverse action.

Remedies Available to Victims

Employees who prove retaliation may be entitled to remedies intended to restore fairness and compensate for harm. These include:

• Reinstatement to a previous position
• Back pay for lost wages
• Front pay when reinstatement is not feasible
• Compensatory damages for emotional distress
• Punitive damages in cases of egregious misconduct
• Attorney’s fees and costs

In workers’ compensation matters, additional benefits may also be awarded if retaliation is established.

Filing a Retaliation Claim in California

Filing a retaliation claim requires attention to detail and strict compliance with deadlines:

1. Document incidents – Keep records of claim filings, communications, and adverse actions.
2. File with the correct agency – Depending on the issue, claims may go to the California Division of Workers’ Compensation, the EEOC, or another agency.
3. Act promptly – Deadlines vary. For example, OSHA complaints must be filed within 30 days; EEOC claims often within 180–300 days.
4. Seek legal help – An attorney ensures compliance with deadlines and builds a strong evidentiary record.

How to Protect Yourself from Retaliation

Even before a claim is filed, employees can take steps to protect themselves:

• Submit complaints or reports in writing.
• Retain copies of all correspondence and forms.
• Continue to perform job duties to avoid false performance claims.
• Consult an attorney early to prevent retaliation from escalating.

Why Legal Support Matters

Retaliation cases can leave employees feeling powerless. Employers often have legal teams working to protect their interests. Without strong representation, employees may face continued harm or loss of rightful compensation.

At Ufkes & Bright, our attorneys bring decades of experience fighting for workers’ rights across Southern California. We provide clear guidance, build compelling cases, and hold employers accountable for unlawful conduct.

Protecting Your Rights After Retaliation

Retaliation is illegal, and you do not have to endure it alone. Whether you were demoted, had hours cut, or were terminated after filing a claim, you have legal protections. Contact Ufkes & Bright today at 714-909-2609 to discuss your case with a skilled workers’ compensation attorney.