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California Employment Law Glossary

Retaliation for Filing a Wage Claim
Retaliation

 

Definition


 

It is unlawful under California Labor Code Section 98.6 for an employer to discharge, threaten, or otherwise discriminate against an employee for filing a wage claim, pursuing wages owed, or testifying in a wage-related proceeding. This protection applies whether the complaint is filed with the Labor Commissioner, in civil court, or raised internally with management. Employees who experience this retaliation may recover the same remedies available for the underlying wage violation - plus additional civil penalties.


Frequently Asked Questions

No. Firing or otherwise punishing you for filing a wage claim, whether with the Labor Commissioner or in court, is illegal retaliation under Labor Code Section 98.6.

In addition to the underlying unpaid wages, you may recover civil penalties, lost wages from the retaliation itself, and potentially reinstatement.

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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.