Practice areas / Retaliation and Whistleblower
Retaliation & Whistleblower Lawyer in Southern California
California law protects you for doing the right thing. If your employer punished you for reporting illegal conduct, complaining about harassment or unpaid wages, taking protected leave, or refusing to break the law, that retaliation can be its own claim, even if the underlying issue is still unresolved.
$3,000,000
No. 1 Riverside County employment verdict, 2023
13 yrs
Representing California workers since 2013
$0
Consultation is free, and confidential
Verdict obtained with co-counsel Jared M. Irmas of Irmas Law APC. Listed by TopVerdict.com. Past results do not guarantee a similar outcome.
Tell Justin what happened
You'll hear back within one business day, or call 818-585-1267.
Recognized by
Written and reviewed by Justin Silverman
CA Bar #292036 · Reviewed July 2026
Does this sound like you?
If one of these describes your situation, it is worth a conversation. If none of them quite fit, call anyway, because the list is not exhaustive.
- Fired or demoted soon after reporting harassment, discrimination, or safety issues
- Punished for complaining about unpaid wages or overtime
- Retaliation for refusing to do something illegal, or for whistleblowing to a government agency
- Written up or pushed out after taking protected leave
- Hours cut or a transfer imposed after you spoke up
What the law protects
Several overlapping laws bar retaliation. Labor Code section 1102.5 protects employees who report a reasonable belief of a legal violation, and it uses a plaintiff-friendly standard: you only need to show your protected activity was a contributing factor, after which the employer must prove by clear and convincing evidence it would have acted anyway. FEHA separately protects you for opposing discrimination or harassment, and Labor Code section 98.6 creates a presumption in your favor when you are punished within 90 days of a wage complaint.
You do not have to be right that the conduct was illegal.
You only need to have reasonably believed it was. Reporting a problem should never cost you your job.
What you may be able to recover
Retaliation and whistleblower claims can recover lost wages and benefits, emotional distress damages, civil penalties, and attorney's fees, and section 1102.5 allows a civil penalty of up to $10,000 per violation. What any case is worth depends on its facts.
| What | Covers |
|---|---|
| Lost wages and benefits | Pay and benefits lost to the retaliation |
| Emotional distress | Harm beyond the lost pay |
| Civil penalties | Section 1102.5 allows up to $10,000 per violation |
| Attorney's fees | Recoverable on these claims |
How long you have
These are the dates that can end a case before anyone looks at what happened to you. Many claims have two. One to tell a government agency, and a second to file in court after that agency responds.
- Sue for being punished after reporting something illegal
- 3 years
- Tell the state agency you were punished
- 3 years
- Ask the Labor Commissioner to act on payback over pay
- 1 year
- Report payback for raising a safety problem
- 1 year
- Take a safety complaint to the federal government
- 30 days
These are the general limits, not advice about your situation. Exceptions can make them shorter or longer, and the clock does not always start on the day you think. If you are close to one of these, or you think you are already past it, it is still worth asking.
Working with Justin
- 1The call. You speak with Justin, not an intake screener. It is free and confidential.
- 2The review. He tells you which lines your facts cross, and which they do not.
- 3The case. You reach him directly, by phone and email, throughout.
Key points
Each point is explained and sourced above · Verified July 28, 2026
Key points from Retaliation & Whistleblower Lawyer in Southern California, verified as of July 28, 2026
Lost wages and benefits · California
Pay and benefits lost to the retaliation
Emotional distress · California
Harm beyond the lost pay
Civil penalties · California
Section 1102.5 allows up to $10,000 per violation
Attorney's fees · California
Recoverable on these claims
Sue for being punished after reporting something illegal · Deadline to act
3 years
See How long you have, above
Tell the state agency you were punished · Deadline to act
3 years
See How long you have, above
Ask the Labor Commissioner to act on payback over pay · Deadline to act
1 year
See How long you have, above
Report payback for raising a safety problem · Deadline to act
1 year
See How long you have, above
Take a safety complaint to the federal government · Deadline to act
30 days
See How long you have, above
Questions workers ask
Do you only take cases in Southern California?
No. Justin represents workers anywhere in California. These pages speak to Southern California because that is where the office is, but where in the state you work does not decide whether he can take your case.
Does an arbitration agreement end my case?
Usually not. Employers often make arbitration a condition of employment and those agreements are frequently enforceable, though not always. Arbitration changes where your case is heard, not whether you have a case, and certain representative claims for Labor Code penalties cannot be waived.
What does it cost to hire Justin?
The consultation is free, and these cases are handled on a contingency basis. There is no fee unless we win, and if there is no recovery you owe no costs either.
Will my employer find out I called?
The consultation is confidential. Talking through what happened does not put your employer on notice, and nothing is filed because you called.
Other ways I help workers
All nine practice areas →Wrongful Termination
At-will doesn’t mean an employer can fire you for an unlawful reason.
Harassment and Discrimination
Harassment and discrimination are illegal under FEHA. You don’t have to quit first.
Wage and Hour
Unpaid overtime, missed breaks, or a late final check, recovered with penalties.
Employment Issues
The full range of California employment disputes, handled for workers, not employers.
Over $12 million recovered for clients. Past results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship. You can reach the office at 818-585-1267.