California law protects employees who speak up about unlawful conduct, but not every workplace complaint qualifies for legal protection. Both the Fair Employment and Housing Act (FEHA) and Labor Code § 1102.5 prohibit retaliation only when an employee reports, opposes, or refuses to participate in conduct that is actually unlawful or that the employee reasonably believes violates the law.

Under FEHA, retaliation occurs when an employer takes adverse action—such as termination, demotion, or discipline—because the employee complained about discrimination, harassment, or another violation of FEHA. Complaints about general unfairness, rude behavior, or difficult management styles are not protected unless they involve discrimination or harassment based on a protected characteristic such as race, gender, disability, or age.

Labor Code § 1102.5 provides broader “whistleblower” protection for employees who report or refuse to participate in conduct they reasonably believe violates state or federal law or regulations. This can include violations of wage laws, safety standards, fraud, or other illegal acts. The protection extends even if the employee turns out to be mistaken—so long as the belief was in good faith and grounded in a reasonable perception of illegality.

To prove retaliation under either law, an employee must establish three things:

1. They engaged in protected activity by reporting or opposing conduct they reasonably believed to be unlawful;

2. The employer took an adverse employment action against them; and

3. There is a causal connection between the two.

Retaliation laws are designed to protect employees who stand up for the rule of law—not to insulate workers from all forms of workplace conflict. When an employee is punished for opposing or reporting illegal conduct, the employer’s actions violate California’s public policy and can result in liability for reinstatement, back pay, emotional distress damages, and attorney’s fees.

At Levine Labor Law, we help employees distinguish between unfair and unlawful treatment, investigate whether retaliation protections apply, and hold employers accountable when they punish workers for doing the right thing.