Workplace retaliation occurs when an employer takes an adverse action, such as termination, demotion, reduced hours, or a negative performance review, against an employee for engaging in a legally protected activity like reporting discrimination.
Speaking up at work takes courage. Whether you reported harassment, flagged a safety hazard, or simply asked about your pay, you took a risk by trusting that your employer would handle the matter fairly. Unfortunately, many employees discover that raising a legitimate concern leads to punishment rather than resolution.
Workplace retaliation remains one of the most common types of employment claims filed with the Equal Employment Opportunity Commission (EEOC) each year. It can take many forms, from a sudden negative performance review to outright termination, and it often follows closely after an employee engages in some protected action. Understanding what retaliation looks like, and what legal protections exist, is the first step toward holding an employer accountable.
Bryan Schwartz Law, P.C. is a law firm dedicated to helping employees protect their workplace rights. We have successfully litigated individual and class action complaints nationwide, helping recover tens of millions of dollars for tens of thousands of employees while forcing corporations and government agencies to change their practices and hold wrongdoers accountable.
Our team has fought to prohibit discrimination, retaliation, and harassment; secured reasonable accommodations for disabled employees; and made sure corporations pay workers everything they’re owed. We’re also among a small number of Bay Area-based firms with substantial experience representing federal employees before the Merit Systems Protection Board and the EEOC.
Retaliation can happen to almost any employee, in almost any industry, after almost any protected activity. Our clients typically fall into one of the following situations:
If any of these situations sound familiar, you may have a valid retaliation claim, and our team can help you understand your options.
California law upholds some of the strongest protections in the country for employees who speak up about wrongdoing. Statutes such as the California Fair Employment and Housing Act (FEHA) and California Labor Code section 1102.5 prohibit employers from punishing workers for engaging in protected activity, and federal laws like Title VII of the Civil Rights Act offer additional layers of protection.
While every case is different, most retaliation claims follow a similar general path:
Our service offerings include representation in individual and class action retaliation claims, federal employee complaints before the MSPB and EEOC, and negotiation of severance and settlement agreements for employees who have already lost their jobs. Because deadlines to file retaliation claims can be short, reaching out as soon as possible after an adverse action gives our team the best opportunity to build a strong case on your behalf.
Employees who come to us after facing retaliation deserve a legal team that takes their situation seriously and fights for real accountability. Here’s what sets our team apart:
No employee should have to choose between doing the right thing and keeping their job. Retaliation punishes exactly the kind of honesty and courage that healthy workplaces depend on, and California law recognizes that by giving employees a path to hold employers accountable.
If you’ve faced discipline, demotion, reduced hours, or termination after reporting discrimination and related misconduct, you don’t have to face it alone. Our team at Bryan Schwartz Law, P.C. has spent years fighting for employees just like you, and we’re ready to review your situation and explain your options.
Workplace retaliation occurs when an employer takes an adverse action, such as termination, demotion, reduced hours, or a negative performance review, against an employee for engaging in a legally protected activity like reporting discrimination.
No. You only need to show that you had a reasonable, good-faith belief that the conduct you reported was unlawful. You don’t need to prove that the underlying discrimination or misconduct actually occurred.
Retaliation often occurs within days, weeks, or a few months after a complaint. Timing is one of the key pieces of evidence used to connect an adverse action to a protected activity.
Yes. Federal employees can pursue retaliation claims through the Merit Systems Protection Board or the EEOC, though the process and standards differ from those used in private-sector cases.
Direct admissions are rare. Most retaliation cases are built on circumstantial evidence, such as timing, inconsistent explanations from the employer, or a pattern of treatment toward other employees who spoke up.
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