Punished for Doing the Right Thing? That's a Case.
California's whistleblower and retaliation statutes are among the strongest in the country. We use them.
You may have a case if…
- ›You were terminated, demoted, or had your hours cut after reporting illegal conduct.
- ›You were retaliated against for filing a wage claim, workers' comp claim, or safety complaint.
- ›You suffered an adverse action shortly after taking medical leave or requesting accommodation.
- ›You were ostracized, written up, or reassigned after a discrimination or harassment complaint.
- ›You refused to participate in something illegal and were punished for refusing.
Retaliation is the most-filed type of employment claim in California — and often the most provable. Why? Because the timing usually does the talking. A glowing performance review followed by termination two weeks after a whistleblower complaint is a powerful piece of evidence.
California offers multiple overlapping retaliation statutes. We typically plead them in the alternative, maximizing recovery and procedural flexibility.
Labor Code §1102.5 — Whistleblower Protection
Protects employees who report violations of law to a government agency, internal manager, or law enforcement. Provides civil penalties and a private right of action with attorneys' fees.
Labor Code §6310 — Safety Complaints
Protects employees who report unsafe working conditions to Cal/OSHA or internally.
Labor Code §98.6 — Wage & Hour Retaliation
Protects employees who file wage claims, complain about unpaid wages, or assert other Labor Code rights.
FEHA Retaliation
Protects opposition to discrimination or harassment, participation in investigations, and requests for accommodation.
What you can recover
- •Lost wages, past and future.
- •Emotional distress damages.
- •Civil penalties under §1102.5 (up to $10,000 per violation).
- •Punitive damages for malicious retaliation.
- •Attorneys' fees and costs.
The process
Step 01
Timeline Mapping
We map every protected activity against every adverse action — timing alone often makes the case.
Step 02
Evidence Preservation
We send litigation holds and gather contemporaneous documents before the employer 'cleans up.'
Step 03
Litigation
Aggressive discovery into decision-maker communications, HR files, and prior treatment of comparators.
Step 04
Resolution
Mediation or trial.
Why Okojie Law
Frequently asked questions
How close in time must the retaliation be?+
Closer is better, but not required. Days or weeks is powerful; months can still work with corroborating evidence. We have litigated cases with 6-12 month gaps where the employer's documentation made the retaliation undeniable.
What counts as an 'adverse action'?+
Termination, demotion, pay cuts, reduced hours, shift changes, undesirable reassignment, denial of promotion, exclusion from meetings, increased scrutiny, false write-ups — anything that would dissuade a reasonable employee from engaging in protected activity.
Do I need to have complained externally?+
No. Internal complaints to HR or management qualify under §1102.5 and FEHA.
Can I sue if I haven't been fired?+
Yes. Demotions, pay cuts, and hostile reassignments are independently actionable.
What if my complaint was about something that turned out not to be illegal?+
You are still protected if you had a reasonable, good-faith belief the conduct was unlawful. You do not have to be right.
How long do I have?+
Statutes range from one to three years depending on the theory. Call us immediately.
Tell us what happened.
Confidential. No obligation. We respond within one business day.