Being fired after filing a complaint at work may be considered wrongful termination in the form of workplace retaliation and/or “whistleblowing,” but only if the complaint filed involves a legally protected issue under California’s Fair Employment and Housing Act (FEHA), the California Labor Code, or any other state or federal law. The California Labor Code applies to all California-based employers, and the FEHA applies to private employers with five or more employees and prohibits retaliation against employees who report, oppose, or participate in investigations of unlawful workplace conduct, such as discrimination, harassment, or labor law violations.
It’s important to understand that not all workplace complaints are protected by law. Complaints about general dissatisfaction with job duties, workload, personality conflicts, management style, workplace policies, or scheduling issues typically do not qualify as protected activity unless they are linked to unlawful conduct, such as discrimination based on a protected characteristic (e.g., race, gender, disability) or retaliation for engaging in a legally protected activity. For example, complaining about an unfair workload is not protected, but reporting that a heavier workload was assigned based on gender or disability status would be.
To be considered protected activity under the FEHA, an internal complaint must involve:
- Discrimination or harassment based on a protected characteristic, such as race, gender, age, disability, religion, or sexual orientation.
- Unlawful employment practices, such as failure to provide reasonable accommodations, wage and hour violations, or wrongful denial of legally protected leave.
- Reporting that the employer is violating local, state, or federal law, including workplace safety regulations, wage theft, or fraudulent business practices.
- Refusing to engage in illegal activity or participating in an investigation related to unlawful conduct.
To be considered protected activity under the Labor Code, an internal complaint must involve:
- A complaint about unpaid/underpaid wages, including unpaid overtime; or
- A complaint about illegal and/or unlawful conduct at work.
What Qualifies as a Filing a Complaint?
To be considered a valid workplace complaint — one that may provide legal protection under the FEHA or the Labor Code, an employee’s concerns (complaint) must be clearly communicated in a way that notifies the employer of the issue. Simply mentioning a concern in passing or venting frustrations to a coworker is generally not enough.
A legitimate complaint should meet certain criteria:
- Clear Communication: The employee must directly express their concern about a potential legal violation, such as discrimination, harassment, or unsafe working conditions. Vague or casual remarks may not qualify.
- Proper Audience: The complaint should be directed to someone in a position to address the issue, such as a manager, supervisor, or a representative from the human resources (HR) department. Complaining to a peer or discussing the issue informally without notifying management typically does not count as a protected complaint.
- Documented in Writing: While verbal complaints can sometimes qualify, it is far better to document the concern in writing—preferably by email. Written complaints create a clear record of what was reported, when, and to whom. This documentation can be critical in demonstrating that you engaged in protected activity if retaliation later occurs.
For example, telling a supervisor in passing that “management is unfair” is unlikely to qualify as a protected complaint. However, sending an email to HR stating that you believe you are being denied opportunities because of your age or disability would meet the standard for a protected complaint.
Ultimately, the more specific, direct, and well-documented the complaint is — particularly when tied to unlawful conduct — the stronger the argument that you engaged in legally protected activity.
Timing of Filing a Complaint Matters
The timing between your protected activity—such as filing a complaint about workplace discrimination or reporting an employer’s legal violation—and the adverse employment action (e.g. termination) is a key factor in determining whether workplace retaliation has occurred. The closer the timing, the stronger the potential evidence of retaliation.
If you were fired, demoted, or otherwise punished within days or weeks of engaging in protected activity, it raises serious questions about the employer’s motives. If several months have passed—typically six months to a year or more—it becomes harder to prove a direct link between your complaint and your employer’s decision. The longer the gap, the easier it is for the employer to argue that its actions were based on legitimate reasons, such as performance issues, restructuring, or misconduct.
However, every case is unique. Even if there is a delay, a retaliation claim may still be valid if there is additional evidence, such as a pattern of mistreatment, sudden negative performance reviews, or a shift in how you are treated at work after making a complaint.
One key rule: If the adverse employment action happened before you engaged in protected activity, it is not retaliation. For example, if you were fired and then filed a complaint afterward, your complaint could not have influenced your employer’s decision to terminate you because you had no yet made the complaint prior to termination.
Types of Workplace Retaliation for Filing a Complaint
Workplace retaliation can take many forms, from overt actions like termination to more subtle tactics that create a hostile work environment or hinder career growth. Retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting discrimination, harassment, or unsafe working conditions. These adverse actions can significantly impact an employee’s livelihood, professional reputation, and well-being. Below are some of the most common types of workplace retaliation:
- Termination – Being fired or laid off after engaging in protected activity is the most severe and direct form of retaliation.
- Demotion – Having your job title, responsibilities, or seniority reduced without a legitimate business reason.
- Reduction in Pay or Hours – Facing an unexplained or unjustified cut in wages, work hours, or commission opportunities.
- Negative Performance Reviews – Receiving poor performance evaluations that are inconsistent with past feedback or based on exaggerated or fabricated issues.
- Discipline or Write-Ups – Being placed on a performance improvement plan (PIP) or formally reprimanded for minor or previously unaddressed infractions.
- Unfavorable Job Assignments – Being reassigned to less desirable shifts, locations, or duties, especially when it affects earning potential or career growth.
- Exclusion or Isolation – Being left out of meetings, communications, or decision-making processes that you were previously involved in.
- Loss of Opportunities – Being passed over for promotions, pay raises, or training programs without a legitimate reason.
- Harassment or Increased Scrutiny – Facing heightened supervision, micromanagement, or unjustified criticism after engaging in protected activity.
- Threats or Intimidation – Being pressured to withdraw a complaint, discouraged from asserting your rights, or threatened with termination or legal consequences.
Employer Defenses to Retaliation Claims: Timing Alone May Not Be Enough
While the timing of an adverse employment action—such as being fired or demoted shortly after filing a complaint—can be strong evidence of retaliation, it is not enough on its own to prove your case. Employers almost always assert that they had a legitimate, non-retaliatory reason for their decision. Courts and administrative agencies evaluating retaliation claims will look beyond timing to determine whether the employer’s explanation is valid or merely a pretext for retaliation.
By understanding common employer defenses and preparing strong evidence, employees can build a more compelling retaliation claim under FEHA.
Below are some of the most common defenses employers use when disputing a retaliation claim based on timing:
Employer Defense #1: Preexisting Performance Issues
An employer may argue that disciplinary action or termination was already planned due to documented performance deficiencies before the employee engaged in protected activity. They may present evidence such as:
- Performance reviews showing consistent issues prior to the complaint.
- Disciplinary warnings or improvement plans predating the protected activity.
- Customer or coworker complaints about the employee’s work.
How to counter this:
If performance concerns only appeared after you engaged in protected activity or if past reviews were positive, this could indicate retaliation. Document any sudden negative changes in how you were treated after filing your complaint.
Employer Defense #2: Business Necessity or Restructuring
Employers often claim that terminations or demotions were part of a company-wide restructuring, budget cuts, or position eliminations unrelated to retaliation. They may point to:
- Layoffs affecting multiple employees or departments.
- Company financial records justifying the decision.
- A planned reorganization that was in motion before the complaint was made.
How to counter this:
If only you or a select few employees who engaged in protected activity were affected—especially if there is evidence that the company later rehired for your role or created a similar position—it may suggest that retaliation was the real motive.
Employer Defense #3: Policy Violations or Misconduct
Employers frequently assert that an employee was disciplined or terminated due to violations of company policy rather than retaliation. This defense is particularly common in cases where an employee was fired for alleged insubordination, poor attendance, or inappropriate behavior.
How to counter this:
- Look at how similar violations were treated in the past. If other employees committed similar infractions but were not punished as severely, it may suggest retaliation.
- If the alleged misconduct was minor or had never been an issue before, yet suddenly became a problem after your complaint, this could support a retaliation claim.
Employer Defense #4: Prior Plans to Terminate or Discipline
An employer may argue that your termination or demotion was already decided before you engaged in protected activity. They might present:
- Internal emails or HR documents showing plans to fire you before your complaint.
- Meeting notes or witness testimony confirming that the decision was made independently of your complaint.
How to counter this:
If your complaint triggered new discussions about your performance or led to sudden disciplinary actions, it may indicate retaliation. Look for shifting justifications—if your employer originally cited one reason for firing you but later changed their explanation, it could suggest dishonesty.
Employer Defense #5: No Knowledge of the Complaint
For retaliation to occur, decision-makers must have known about your complaint. Employers may argue that the supervisor or manager who took the adverse action was unaware of your protected activity.
How to counter this:
- If your complaint was made through HR or a company-wide channel, it is likely that decision-makers were informed.
- Look for emails, conversations, or meeting notes that indicate your complaint was discussed.
If your treatment changed immediately after your complaint—even if the employer denies knowing about it—it may still be circumstantial evidence of retaliation.
What Is NOT Workplace Retaliation?
Not every negative action taken by an employer qualifies as workplace retaliation under California law. To prove retaliation, there must be a clear link between an employee’s protected activity—such as reporting discrimination or unlawful conduct—and the employer’s adverse action. Below are common workplace situations that generally do not meet the legal definition of retaliation:
Legitimate Performance Management
Employers have the right to manage employee performance, provide constructive feedback, and take disciplinary action based on documented performance issues. If a demotion, termination, or performance improvement plan (PIP) is based on consistent and well-documented concerns that were communicated to the employee before any protected activity occurred, it may not qualify as retaliation.
Routine Job Changes
Employers can make business-driven decisions about job duties, schedules, and responsibilities. If these changes are not connected to an employee’s protected activity and are applied consistently across the workforce, they likely do not constitute retaliation.
Business Decisions Unrelated to Protected Activity
Company-wide layoffs, restructuring, or cost-cutting measures that impact multiple employees are generally not considered retaliation unless there is evidence that the employer targeted an employee because of their complaint or legal action.
Disciplinary Action for Legitimate Reasons
If an employer acts due to attendance issues, insubordination, violations of company policy, or misconduct, and there is no evidence linking the discipline to an employee’s protected activity, the action is not considered retaliation under California law.
Actions Taken Before the Protected Activity
If an employer had already planned a termination, demotion, or disciplinary action before the employee engaged in protected activity, it cannot be considered retaliation. The key question is whether the employer’s decision was influenced by the employee’s complaint or legal action.
Constructive Criticism and Negative Feedback
Providing employees with negative feedback, coaching, or constructive criticism as part of regular performance evaluations does not, by itself, qualify as retaliation—so long as it is done in good faith and is not a disproportionate response to an employee’s protected activity.
Personality Conflicts
Interpersonal disagreements or personality clashes between employees or supervisors do not automatically qualify as retaliation. There must be clear evidence that an adverse action was motivated by the employee’s protected activity rather than typical workplace dynamics.
Minor or Inconsequential Changes
Trivial workplace changes—such as small schedule shifts, routine task assignments, or other adjustments that do not significantly impact an employee’s job status, compensation, or work environment—generally do not meet the legal threshold for retaliation.
What to Do if You Suspect Retaliation After Filing a Complaint at Work
If you believe you were fired or mistreated in retaliation for reporting unlawful conduct:
- Document Everything: Keep records of your complaint and any adverse actions that followed. This evidence will be crucial in proving retaliation.
- Consult an Employment Attorney: An experienced attorney can help you assess your case and pursue legal remedies.
- Know Your Remedies: Retaliation claims can result in compensation for lost wages, reinstatement, and damages for emotional distress caused by the employer’s illegal actions.
FREQUENTLY ASKED QUESTIONS ABOUT WORKPLACE RETALIATION FOR FILING A COMPLAINT
Can I still be retaliated against even if my complaint was not proven?
Yes. You are protected from retaliation under California’s Fair Employment and Housing Act (FEHA) as long as you had a reasonable belief that your complaint involved unlawful conduct, even if an investigation does not ultimately confirm wrongdoing. Employers cannot punish employees simply for raising concerns about discrimination, harassment, or other legal violations in good faith.
Can I claim retaliation if I quit because of my employer’s actions?
Possibly, but it’s difficult. If your employer created a hostile work environment after you engaged in protected activity—such as increasing scrutiny, demoting you, or isolating you—you may have a claim for constructive discharge. This occurs when an employer’s retaliatory behavior becomes so intolerable that a reasonable person would feel forced to resign.
Does workplace retaliation only apply to formal complaints?
No. Retaliation protections apply whether you filed a formal complaint (such as with HR or a government agency) or informally opposed unlawful conduct (such as telling a manager that a workplace practice is discriminatory). FEHA protects employees who report or refuse to participate in illegal activity, even if the complaint was verbal.
Can my employer retaliate against my coworkers for supporting my complaint?
No. FEHA protects witnesses and coworkers who participate in investigations or support someone else’s complaint. If your employer takes adverse action against a coworker for corroborating your claims or speaking out about the same issue, they may also have a retaliation claim.
Conclusion
Being fired after filing a workplace complaint may be considered wrongful termination under California’s Fair Employment and Housing Act (FEHA), but only if your complaint involved a legally protected issue such as discrimination, harassment, or unlawful employer practices. Understanding what qualifies as a protected complaint, ensuring your concerns are clearly communicated, and documenting your actions are key steps to protecting your rights.
If you believe you were wrongfully terminated in retaliation for reporting unlawful conduct, it’s important to act quickly. Consulting with an experienced employment attorney can help you assess your situation, understand your legal options, and pursue appropriate remedies.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
