Workplace Safety Retaliation Lawyer

Fired or punished after reporting unsafe conditions, heat hazards or impossible warehouse quotas? California law protects workers who speak up about safety, and it gives you strong remedies when employers retaliate.

On this page: Your rights · Retaliation · Remedies · Deadlines · If you were injured · FAQ

Workers in warehouses, distribution centers, construction, manufacturing, agriculture, healthcare and logistics are often the first to see dangerous conditions: missing guards on machines, blocked exits, forklift hazards, extreme heat, toxic exposures, or production quotas that make it impossible to work safely. California law gives workers the right to speak up about safety and makes it illegal for employers to punish them for it. Smith Trial Group represents workers who were fired, demoted, written up or had their hours cut after raising safety concerns.

Your Rights Under California Law

• Labor Code 6310 prohibits employers from firing, discriminating or retaliating against an employee for complaining about workplace safety or health to the employer, to Cal/OSHA or to another government agency, or for participating in a safety committee or investigation.
• Labor Code 6311 protects employees who refuse to perform work that would violate safety standards and create a real and apparent hazard to themselves or others.
• Labor Code 1102.5 protects employees who report suspected violations of any law, including safety laws, to a supervisor or government agency. See whistleblower protection.
• Heat illness protections. Cal/OSHA requires employers to provide water, rest, shade or cool-down areas and heat illness prevention plans for outdoor work, and has a separate standard for indoor workplaces such as warehouses.
• Warehouse quota law. California’s warehouse quota law (Labor Code 2100 and following) requires covered warehouse distribution centers to disclose production quotas, prohibits quotas that prevent workers from taking meal and rest breaks or using the bathroom, and protects workers who request quota information or complain about quotas.
• Injury reporting. Employers cannot retaliate against workers for reporting a work injury or filing a workers’ compensation claim.

What Retaliation Looks Like

• Termination, often for a pretextual reason shortly after a complaint.
• Reduced hours, worse shifts or reassignment to harder work.
• Sudden discipline or write-ups for minor issues.
• Exclusion from overtime or promotions.
• Threats, including threats related to immigration status, which are themselves illegal.

See signs of workplace retaliation.

Remedies

Workers can seek reinstatement, lost wages and benefits, and other relief. A civil lawsuit for retaliation may also allow emotional distress damages, civil penalties of up to $10,000 per violation under Labor Code 1102.5, punitive damages in appropriate cases, and attorney’s fees.

Deadlines: Act Quickly

A retaliation complaint with the California Labor Commissioner generally must be filed within one year of the retaliation. Other claims have different deadlines, and some remedies may be lost if you wait. Keep copies of any complaints you made, texts or emails about the hazard, and any discipline you received afterward.

If You Were Injured

If you were hurt because of an unsafe condition, you may have a workers’ compensation claim and, if a third party such as an equipment manufacturer, property owner or contractor was responsible, a separate injury claim. See construction accidents.

Fees

The consultation is free and confidential. We handle most retaliation cases on contingency, so you pay no attorney’s fees unless we recover compensation.

Frequently Asked Questions

Can I be fired for complaining about safety at work?

No. California Labor Code 6310 prohibits employers from firing or retaliating against employees for complaining about safety or health hazards to the employer or a government agency.

Can I refuse to do dangerous work?

California Labor Code 6311 protects employees who refuse work that would violate safety standards and create a real and apparent hazard. Talk to a lawyer about your specific situation.

What are my rights under the warehouse quota law?

Covered warehouse employers must disclose quotas, cannot set quotas that prevent meal and rest breaks or bathroom use, and cannot retaliate against workers who request quota information or complain.

How long do I have to file a safety retaliation complaint?

A complaint with the California Labor Commissioner generally must be filed within one year. Other claims have different deadlines.

Does it matter if I am undocumented?

California labor protections generally apply regardless of immigration status, and threatening to report a worker’s status in retaliation is illegal.

How much does it cost?

The consultation is free, and most retaliation cases are handled on contingency.