Retaliation after a wage complaint is illegal. California Labor Code §98.6 and §1102.5 prohibit adverse employment actions against employees who report wage violations, file DLSE claims, or discuss wages with coworkers. When retaliation occurs, it creates an independent legal claim on top of the underlying wage claim — and it significantly increases total employer exposure.
Document the Timeline Immediately
The moment you experience any adverse employment action after a protected activity, create a written record: the date of your complaint, the date of the adverse action, what was said or done, and who witnessed it. Send yourself an email — timestamped documentation is critical. Courts look at the proximity between the protected activity and the adverse action. A termination two weeks after a wage complaint is strong circumstantial evidence of retaliation.
File Simultaneously — Do Not Wait
File a retaliation complaint with the DLSE at the same time as your wage claim. The DLSE has authority to investigate and remedy both. Filing simultaneously preserves all deadlines and puts the employer on notice that both claims are being pursued.
The Retaliation Damages Calculation
A successful retaliation claim recovers: lost wages from the date of termination or adverse action, reinstatement to the position (if desired), emotional distress damages, and civil penalties of up to $10,000 per violation under Labor Code §98.6. The retaliation claim can equal or exceed the underlying wage claim in value.
Educational use only. Not legal advice. Justice Foundation.
California Wage Theft Recovery System 
Leave a comment