Retaliation and whistleblower lawyer for California, Nevada, and Washington employees

Punished for reporting harassment, discrimination, unsafe conditions, wage violations, fraud, or anything else the law protects? Freiman Legal represents employees in retaliation and whistleblower cases in California, Nevada, and Washington. Call (310) 917-1004 or email lawrence@freimanlegal.com for a free consultation.

Why retaliation cases are often the strongest claim

A discrimination case asks a jury to find a hidden motive. A retaliation case asks a simpler question: you complained, and then what happened? When the write-ups, the schedule changes, or the termination follow the complaint closely, the timing itself is evidence. That is why a retaliation claim can succeed even when the underlying complaint does not.

What is protected

Complaints of discrimination or harassment, to HR, a manager, or an agency, whether or not the complaint is ultimately upheld.
Reporting illegal conduct. California's whistleblower statute protects an employee who discloses, to a government agency, a supervisor, or a person with authority to investigate, information the employee reasonably believes shows a violation of law. It also protects an employee who refuses to participate in illegal activity. Disclosure does not have to be part of your job duties.
Wage complaints. Asking about unpaid overtime, missed breaks, misclassification, or a final paycheck.
Safety complaints. Reporting hazards or refusing unsafe work.
Taking leave or requesting an accommodation.
Participating in an investigation or lawsuit, including as a witness.

What counts as retaliation

Anything that would discourage a reasonable employee from speaking up: termination, demotion, a cut in hours or pay, a worse schedule, an unwarranted performance plan, exclusion from meetings or accounts, a transfer, or a hostile campaign that makes staying impossible.

State specifics

California. The whistleblower statute carries a civil penalty of up to $10,000 per employee for each violation, payable to the employee, plus attorney's fees to a prevailing employee. The Fair Employment and Housing Act separately prohibits retaliation for opposing discrimination or harassment.
Nevada. Nevada's discrimination law prohibits retaliation for opposing unlawful practices, and complaints go to the Nevada Equal Rights Commission.
Washington. The Washington Law Against Discrimination makes it an unfair practice to discharge or discriminate against anyone who opposed a forbidden practice or filed a charge, testified, or assisted in a proceeding. Whistleblower retaliation complaints to the commission have a two-year filing window.

What you can recover

Lost wages and benefits, emotional distress damages, punitive damages where the conduct was malicious, statutory penalties where a statute provides them, and attorney's fees.

Deadlines

Retaliation claims under the discrimination statutes follow the same agency deadlines as discrimination: three years to file with California's Civil Rights Department, 300 days in Nevada, six months with Washington's commission, and 300 days for an EEOC charge. Whistleblower and wage retaliation claims have separate limits. Call early.

How we build the case

The timeline is the case. We lay out every protected act and every adverse action with dates, then collect the records that show what the employer said before and after you spoke up. Most employers document a termination carefully once they decide to do it; the question is what the file looked like the week before you complained.

Questions people ask

I complained verbally, not in writing. Does that count? Yes. A written record helps, but a verbal complaint to a supervisor is protected.

I was wrong about the violation I reported. The statute protects a reasonable belief, not a correct one. If you had reasonable cause to believe the conduct was illegal, the report is protected.

My employer says the termination was planned before I complained. That is the usual defense. The documents and the witnesses decide it.

Can I be retaliated against after I leave? A bad reference or interference with a new job because of your complaint can be retaliation.

Call (310) 917-1004 or email lawrence@freimanlegal.com. We reply within one business day. Please do not send confidential information until we have agreed in writing to represent you.

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