Workplace Retaliation Lawyers
Workplace retaliation is a pervasive issue that silences employees and undermines justice. Federal and state laws offer robust protections for workers who exercise their rights, yet many employees remain unaware of what actually constitutes illegal retaliation. No one should be forced to choose between their integrity and their paycheck. If you have been punished for doing the right thing, you need an advocate who understands the intricacies of employment law. Contact the Retaliation Lawyers at Helmer Friedman LLP.
What is Workplace Retaliation?
Retaliation occurs when an employer takes a “materially adverse” action against an employee for engaging in a “protected activity.” It is essentially a punishment designed to silence you or make your working conditions so intolerable that you quit.
According to the Equal Employment Opportunity Commission (EEOC), retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common finding in federal sector cases.
However, not every unpleasant interaction counts as retaliation. A rude comment or a minor annoyance typically does not meet the legal standard. To be actionable, the employer’s behavior must be severe enough that it would deter a reasonable person from reporting discrimination or illegal activity in the future.
Recognized Forms of Protected Activity
For a retaliation claim to exist, you must have engaged in an activity protected by law. The Retaliation Lawyers at Helmer Friedman LLP in Los Angeles represent employees in a wide variety of these cases. Indeed, Helmer Friedman LLP (along with co-counsel Courtney Abrams, PC and deRubertis Law Firm) recently secured a $6 Million verdict in a gender discrimination and retaliation case. Under state and federal law, it is illegal for an employer to retaliate against you for:
- Acting as a “whistleblower” regarding corporate wrongdoing or fraud.
- Refusing to engage in illegal or unethical activities.
- Complaining about wage and overtime practices.
- Reporting discrimination or harassment based on race, gender, age, or disability.
- Flagging accounting irregularities or financial misconduct.
- Taking necessary medical leave or participating in jury duty.
- Engaging in lawful conduct outside the workplace.
- Filing a claim for workers’ compensation benefits.
- Advocating for medically appropriate healthcare (specifically relevant for patients and staff).
- Healthcare workers complaining about patient care issues.
- Refusing to lie to a government agency.

Identifying Adverse Actions
Retaliation is not always as obvious as an immediate firing. Employers often use subtle tactics to push an employee out. While termination is the ultimate adverse action, illegal retaliation can also look like:
- Demotion: A reduction in rank, status, or pay.
- Exclusion: Being left out of essential meetings, training, or professional development opportunities.
- Shift Changes: Being assigned to less desirable shifts or having hours significantly reduced.
- Unwarranted Discipline: Receiving negative performance reviews or write-ups that are inconsistent with your actual performance history.
- Hostility: Verbal abuse or physical intimidation intended to create a hostile work environment.
Your Rights Under California Law
California offers some of the strongest worker protections in the nation. Labor Code Section 1102.5 is a powerful whistleblower protection statute. It prohibits employers from retaliating against employees who disclose information to a government or law enforcement agency, or to a person with authority over the employee, if the employee has reasonable cause to believe a violation of the law has occurred.
Crucially, California law protects you even if it turns out no violation actually occurred, provided you had a “reasonable belief” at the time of your report.
Steps to Take If You Suspect Retaliation
If you believe you are being targeted for exercising your rights, swift and careful action is essential.
- Document Everything: Keep a detailed record of events. Note dates, times, locations, and the names of any witnesses to retaliatory acts. Save emails and memos that demonstrate a shift in how you are treated.
- Report Internally: If your company has a policy for reporting retaliation, follow it. Create a paper trail showing that the company was aware of the behavior.
- Preserve Evidence: Keep copies of your performance reviews, especially if they were positive prior to your protected activity.
- Seek Legal Counsel: Before you do anything, immediately seek legal representation. The attorneys at Helmer Friedman LLP routinely help clients handle situations in which retaliation may be occurring. Because retaliation cases can be complex and fact-specific, it is very important to bring on board an experienced retaliation attorney who can help evaluate the merits of your claim and guide you through the legal process.
Contact Helmer Friedman LLP
No one should be forced to choose between their integrity and their paycheck. If you have been punished for doing the right thing, you need an advocate in justice who understands the intricacies of employment law.
Helmer Friedman LLP offers confidential consultations to discuss your specific situation. With a proven track record of settlements and court victories, we provide the personalized legal services necessary to hold employers accountable.