CA Retaliation Types

Most employers assume retaliation means an employee complained about harassment and got fired. That’s one scenario. California has three distinct retaliation frameworks — and the wrong response to the wrong one creates compounding exposure.

FEHA retaliation, codified at Government Code section 12940(h), applies when an employee complains about discrimination, harassment, or denial of accommodation under FEHA.

Labor Code retaliation operates on a separate track. Labor Code sections 98.6, 1102.5, and 1102.6 protect employees who report wage and hour violations, assert Labor Code rights, or engage in whistleblowing activity.

Section 1102.5 is California’s primary whistleblower protection statute. It carries significant remedies, including civil penalties and attorneys’ fees.

Health and Safety Code section 6310 covers a third, frequently overlooked category: employees who report workplace safety violations or refuse to perform unsafe work.

A manager who disciplines an employee for complaining about unpaid overtime is not facing a FEHA claim. They are facing a Labor Code section 1102.5 claim — with its own presumptions and remedies.

Misidentifying the statute is not a technicality. It shapes the entire response, the documentation required, and the litigation risk.

Does your complaint-handling training cover all three frameworks — and the difference between them?

This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.

Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com