The Watkins Firm has decades of experience defending employers for retaliation in California, including claims by employees or outside agencies.  Retaliation is an issue that is addressed by federal Equal Employment Opportunity (EEO) laws, as well as California’s commercial code.  When is a San Diego employer at risk for allegations of retaliation?

Key Takeaways About Defending Employers for Retaliation in California:

• Understanding how retaliation allegations develop—and how to respond carefully—is essential to defending employers for retaliation in California.
• Once an employee has filed a complaint, participated as a witness in an investigation, or engaged in legally protected activity, the employer’s actions are subject to heightened scrutiny.
• California law provides broad protections for employees who engage in protected activity. Employers must recognize that retaliation claims are often tied to underlying compliance issues, even when the employer believes the original complaint lacks merit.

What Does an Employer Need to Know If Accused of Retaliation?

Retaliation claims present serious risk for California employers and often arise at moments when management believes it is acting appropriately. Understanding how retaliation allegations develop—and how to respond carefully—is essential to defending employers for retaliation in California.

Once an employee has filed a complaint, participated as a witness in an investigation, or engaged in legally protected activity, the employer’s actions are subject to heightened scrutiny. Decisions involving performance evaluations, discipline, scheduling, compensation, or termination must be approached with particular care. Even well-intentioned actions can be misinterpreted if timing, documentation, or process is flawed.

This heightened risk also extends to whistleblowers, employees who refuse instructions they believe would violate the law, and employees who raise concerns about discrimination, harassment, or unwelcome personal or sexual advances.

Understanding Protected Employee Activity

California law provides broad protections for employees who engage in protected activity. Employers must recognize that retaliation claims are often tied to underlying compliance issues, even when the employer believes the original complaint lacks merit.

For example, under the California Fair Pay Act and related wage transparency laws, employees have the right to ask management or co-workers about pay rates and benefits. Recent changes in both federal and California law have further expanded employee access to pay ranges, personnel records, and information related to protected leave. When employees exercise these rights, any adverse employment action that follows—no matter how routine it may seem—can be alleged as retaliatory.

This legal landscape makes defending employers for retaliation in California particularly complex. The focus is often not on intent, but on timing, consistency, and whether the employer can demonstrate legitimate, non-retaliatory reasons supported by evidence.

How Retaliation Claims Commonly Arise

Retaliation claims rarely arise in isolation. They often stem from an employer’s response to a complaint, investigation, or workplace concern. Actions such as issuing discipline, altering job duties, changing schedules, or terminating employment can become the basis for a retaliation claim if they are perceived as punitive or inconsistent with past practices.

Courts and enforcement agencies look closely at whether the employer followed established procedures, documented performance issues accurately, and treated similarly situated employees consistently. Actions that appear abrupt, undocumented, or unusually harsh after protected activity are frequently challenged as retaliatory, even when management believes the decision was justified.

The Importance of Proper Investigations

Defending employers for retaliation in California often requires prompt, well-conducted internal investigations. These investigations must be thorough, impartial, and carefully documented. When handled improperly, investigations themselves can create additional exposure rather than reduce it.

Working with experienced employment counsel early allows employers to manage investigations efficiently while protecting confidentiality, preserving evidence, and maintaining control over the process. In many cases, early intervention can prevent misunderstandings from escalating into formal claims or litigation.

Why Early Action Matters

From decades of experience, one principle is clear: any employee complaint should be treated as an immediate warning signal. Delay, informal handling, or inconsistent responses significantly increase exposure. Early legal guidance helps employers understand whether a matter is a minor workplace issue or a developing legal risk that requires immediate attention.

Retaliation claims often accompany other forms of employment litigation, including wage and hour disputes, PAGA actions, discrimination claims, harassment allegations, and hostile work environment claims. Addressing retaliation risk early can limit broader liability and protect the business from cascading legal exposure.

Defending Employers for Retaliation in San Diego and Throughout California

The Watkins Firm brings more than forty years of experience defending employers for retaliation in California, including San Diego and throughout California. This experience provides employers with practical guidance grounded in how these cases actually unfold—not just how they appear on paper.

Early counsel helps answer critical questions before mistakes are made. Is the issue likely to escalate? What actions should be taken immediately, and which should be avoided? How should communications be handled, both in writing and in person, to avoid compounding risk?

Pro-Tip: “So as an employer, what’s the best precaution one can take? the answer: Pay attention and have a good lawyer.

Have a good lawyer for employers who stays up to speed and take those little technical matters seriously, because it doesn’t cost much to be in compliance. It really doesn’t, but it costs so much to get caught. Usually you don’t get caught for a few months and before you know it, you could literally lose hundreds of thousands of dollars for an accounting error or the way you put your paychecks out or your refusal or failure to put up a little sign in your break room. All those little things. There’s some lawyer out there, Mr. Bounty Hunter, looking for you to try to collect five, 10, $15,000 in attorneys fees for tiny mistakes made by San Diego and California employers.

When we’re talking about protecting our employer clients, the old saying, ‘a good defense starts with a good offense,’ definitely applies. What are the elements of a good offense in your mind for an employer?

Employment contracts, human resource manuals, employee handbooks, rules and regulations, training and staying up to speed on the ever-changing laws in California.  Having a lawyer on speed dial you can call with a question or concern and get the right answer, often without a bill!

Let’s talk about class actions. That’s how you take a mistake on the way somebody drafted someone’s paycheck in the tune of, let’s say $15 a week. That puts you in a class action that costs you three, $400,000 because of an accounting error that led to a class action. Now, had you had certain types of agreements in place, even some kinds of arbitration agreements (that’s where we’re at now on these laws) you could have cut this off. Also, had you had a Watkins Firm lawyer you could talk to about your procedures or maybe an outside accounting service to review it or a CPA or our HR person, someone you can call, you could prevent a huge potential liability. If there’s any questions or your staff can call, then you won’t have this problem. And if you do, then you shut it down right away.

Fast action in any of these matters is the key. Pick up the phone and call us the second that you think something’s going on. Quick action gives your lawyer the right to do things that just destroy a case in the beginning.” – Dan Watkins, Founding Partner

Take the First Step to Protect Your Business

When retaliation allegations arise, uncertainty and delay are costly. A timely, informed response can often prevent a manageable issue from becoming a significant legal dispute.

If you are facing a potential retaliation issue involving a current or former employee, the attorneys at The Watkins Firm invite you to schedule a free consultation. An early conversation can help determine the seriousness of the situation and the steps necessary to protect your interests as an employer.

You can trust our experienced, proven track record of defending San Diego employers from retaliation claims and in associated hearings, disputes, lawsuits or PAGA litigation.  If you are an employer who is concerned about the direction an employee-related issue is headed we invite you to review Our Podcast Episode 28 – Common Employer Disputes and Defenses, as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.

Meet Daniel Watkins:

Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through.  Dan enjoys digging into the facts and finding creative solutions to problems.  He contributes his insights candidly and constructively.

Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.

Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.

He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.

THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR

Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.

In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.