Complaint Retaliation
You complained about unpaid wages. Two weeks later, your manager writes you up for the first time in three years.
Coincidence? California law says no.
Labor Code § 1102.5 creates a rebuttable presumption of retaliation when adverse action occurs within 90 days of protected activity. That means your employer must prove the discipline wasn’t retaliation – you don’t have to prove it was.
Protected activity includes complaining about wage violations, safety issues, discrimination, harassment, or any violation of law. It doesn’t matter if you’re right about the violation. What matters is you reasonably believed something illegal was happening.
Adverse action isn’t just termination. It includes write-ups, schedule changes, reduced hours, denied promotions, or hostile treatment. If conditions at work got worse after you complained, that’s potentially retaliation.
The 90-day window matters because temporal proximity creates a legal inference. Outside 90 days, you can still prove retaliation, but the burden shifts back to you.
Have you experienced adverse treatment after raising concerns? The timing isn’t coincidental.
#EmploymentLaw #CaliforniaLaw #Retaliation #WorkplaceRights
Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business or individual situation.
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