Retaliation and whistleblower lawyer for California, Nevada, and Washington employees

Punished for reporting harassment, discrimination, unsafe conditions, wage violations, fraud, or anything else the law protects? Freiman Legal represents employees in retaliation and whistleblower cases in California, Nevada, and Washington. Call (310) 917-1004 or email jennifer@freimanlegal.com for a free consultation.

Why retaliation cases are often the strongest claim

A discrimination case asks a jury to find a hidden motive. A retaliation case asks a simpler question: you complained, and then what happened? When the write-ups, the schedule changes, or the termination follow the complaint closely, the timing itself can be evidence. That is why a retaliation claim can succeed even when the underlying complaint does not.

What is protected

  • Complaints of discrimination or harassment, to HR, a manager, or an agency, whether or not the complaint is ultimately upheld.
  • Reporting illegal conduct. California's whistleblower statute protects an employee who discloses, to a government agency, a supervisor, or a person with authority to investigate, information the employee reasonably believes shows a violation of law. It also protects an employee who refuses to participate in illegal activity. Disclosure does not have to be part of your job duties.
  • Wage complaints. Asking about unpaid overtime, missed breaks, misclassification, or a final paycheck.
  • Safety complaints. Reporting hazards or refusing unsafe work.
  • Taking leave or requesting an accommodation.
  • Participating in an investigation or lawsuit, including as a witness.

What counts as retaliation

Anything that would discourage a reasonable employee from speaking up: termination, demotion, a cut in hours or pay, a worse schedule, an unwarranted performance plan, exclusion from meetings or accounts, a transfer, or a hostile campaign that makes staying impossible.

State specifics

  • California. The whistleblower statute allows a civil penalty paid to the employee, and a court may award attorney's fees to an employee who wins. The Fair Employment and Housing Act separately prohibits retaliation for opposing discrimination or harassment.
  • Nevada. Nevada's discrimination law prohibits retaliation for opposing unlawful practices, and complaints go to the Nevada Equal Rights Commission.
  • Washington. The Washington Law Against Discrimination makes it an unfair practice to discharge or discriminate against anyone who opposed a forbidden practice or filed a charge, testified, or assisted in a proceeding.

What may be recoverable

Lost wages and benefits, emotional distress damages, punitive damages where the conduct was malicious, statutory penalties where a statute provides them, and attorney's fees.

Deadlines

General guide only. Every claim has a filing deadline, and some are short. Your deadline depends on your facts, so call as soon as you can.

How we build the case

The timeline is the case. We lay out every protected act and every adverse action with dates, then collect the records that show what the employer said before and after you spoke up. Most employers document a termination carefully once they decide to do it; the question is what the file looked like the week before you complained.

Questions people ask

General answers only. Your facts may change the answer.

I complained verbally, not in writing. Does that count? Often, yes. A written record helps, but a verbal complaint to a supervisor can be protected.

I was wrong about the violation I reported. The statute protects a reasonable belief, not a correct one. If you had reasonable cause to believe the conduct was illegal, the report is generally protected.

My employer says the termination was planned before I complained. That is the usual defense. The documents and the witnesses decide it.

Can I be retaliated against after I leave? A bad reference or interference with a new job because of your complaint can be retaliation.

Related

Wrongful termination | Sexual harassment | Unpaid wages and overtime | Leave and disability | All employee claims | Lawyers: refer a case

Call (310) 917-1004 or email jennifer@freimanlegal.com. We aim to reply within one business day. Contacting us does not make you our client. We represent you only after we both sign a written representation agreement, so please do not send confidential information before then.

Attorney advertising. This page is general information, not legal advice. Prior results do not guarantee a similar outcome.