Workplace Retaliation Lawyer in Clovis

If you experienced workplace retaliation at a Clovis workplace, you have strong protections under California law. We represent employees only, never employers, and offer a free, confidential consultation. 1-800-371-3088.

What Is Workplace Retaliation in Clovis

Retaliation against employees who exercise legal rights is independently illegal under California law, separate from the underlying complaint. Common statutory bases for Clovis workers include Labor Code section 1102.5 (whistleblower retaliation; up to $10,000 per violation civil penalty under section 1102.5(f)), Labor Code section 98.6 (retaliation for filing a wage complaint), Labor Code section 6310 (Cal/OSHA retaliation; 6-month deadline to file with Cal/OSHA), Labor Code section 232 (retaliation for discussing wages with coworkers), Labor Code section 132a (workers' compensation retaliation), Cal. Government Code section 12940(h) (FEHA-protected-activity retaliation), Cal. Government Code section 8547 (California Whistleblower Protection Act for state employees), and Health and Safety Code section 1278.5 (hospital-worker patient-safety retaliation; $25,000-per-violation civil penalty).

Clovis Industries Where Retaliation Claims Are Most Common

• Education workers at Clovis Unified School District - at the Clovis Unified School District / CUSD (the largest single employer in the city with 5,228 employees per state data; one of the largest and most highly-rated school districts in California with approximately 42,802 students, 1,856 FTE teachers, and 2,495 total staff across about 50 schools including Clovis High, Clovis East, Clovis North, Clovis West, and Buchanan High; ranked #2 for Athletes in California by Niche, with a 95.9% graduation rate and an AA credit rating). K-12 teachers are covered by the California Education Code sections 44930-44987 (permanent teacher tenure, dismissal procedures, and Skelly hearings). All CUSD employees, as public-sector workers, are subject to the 6-month government-claim deadline under Gov. Code section 911.2. Sworn officers of any CUSD police/safety service are subject to POBR (Cal. Gov. Code section 3300 et seq.).
• Healthcare workers at Clovis Community Medical Center - at Clovis Community Medical Center (2755 Herndon Avenue, Clovis, CA 93611, (559) 324-4000 - part of the Community Medical Centers / Community Health System; HCAI-licensed under "Fresno Community Hospital & Medical Center" / license #040000004; the second-largest employer in the city with 2,988 employees). Covered by SB 525 healthcare worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16), California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and CNA / SEIU-UHW collective bargaining agreements.
• Manufacturing workers at Pelco / Motorola Solutions - at Pelco (a wholly-owned subsidiary of Motorola Solutions, Inc. / NYSE: MSI), a security camera and video surveillance manufacturer founded in 1957 and headquartered at 625 W. Alluvial Avenue, Fresno, CA 93711 - serving the Fresno-Clovis area. Motorola Solutions acquired Pelco for $110 million in cash in 2020. Manufacturing workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8), California Labor Code section 6310 (retaliation for safety reporting), and federal OSH Act section 11(c) (29 U.S.C. section 660). Public-company employees of Motorola Solutions (NYSE: MSI) are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank section 922 (15 U.S.C. section 78u-6). Engineers and designers are covered by the federal Defend Trade Secrets Act of 2016 (18 U.S.C. section 1836) and the California Uniform Trade Secrets Act (Cal. Civil Code section 3426 et seq.). California's strong non-compete prohibition (Bus. & Prof. Code section 16600) preserves Pelco employees' freedom to move to competitors.
• Agricultural and farmworker employees - in the citrus, table-grape, almond, and stone-fruit fields and packing houses surrounding Clovis (in eastern Fresno County). Fresno County is consistently among the top US agricultural counties by total production value. Agricultural workers are covered by: (1) the Agricultural Labor Relations Act (ALRA, Cal. Labor Code section 1140 et seq.); (2) AB 1066 (Cal. Labor Code section 857) daily/weekly overtime for farmworkers; (3) Cal/OSHA heat illness prevention regulations (Cal. Code Regs., tit. 8, section 3395); and (4) MSPA protections (29 U.S.C. section 1801 et seq.).
• Retail and consumer-services workers - at the Sierra Vista Mall and chain retailers along Herndon Avenue, Shaw Avenue, Clovis Avenue, and Willow Avenue, including Walmart (the 4th-largest employer in Clovis with 890 employees), Costco, Target, Home Depot, and many fast-food and restaurant chains. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Government and public-sector workers - at the City of Clovis (1033 Fifth Street - general-law city, incorporated 1912, currently considering converting to charter-city status as of January 2025; City Manager Andrew "Andy" Haussler appointed January 1, 2025), the Clovis Police Department (CPD officers subject to POBR / Cal. Gov. Code section 3300 et seq.), the Clovis Fire Department, Fresno County government offices in Clovis (1,874 county employees in the area), and the State Center Community College District (which includes Clovis Community College). Subject to the 6-month Government Claims Act deadline for state and local public employers.
• Office and service workers - at financial services, insurance, legal, accounting, and other professional-services firms throughout Clovis. Subject to standard California FEHA, Labor Code, and federal Title VII / ADA / ADEA / FMLA protections.

SB 497 Rebuttable Presumption

SB 497 (effective January 1, 2024) amended Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of a protected complaint. The burden shifts to the employer to prove a non-retaliatory reason for the adverse action - a major change that strengthens Clovis retaliation claims. AB 692 (effective January 1, 2026) added Labor Code section 926, which voids most "stay-or-pay" contract terms.

California Law

For the full California retaliation framework, including Labor Code sections 1102.5, 98.6, 6310, 232, and 132a, the California Whistleblower Protection Act (Cal. Government Code section 8547), and FEHA retaliation (Cal. Government Code section 12940(h)), see our California employment law page.

What Compensation Can You Recover

Back pay, front pay, emotional-distress damages, punitive damages (where allowed by statute), civil penalties (up to $10,000 per violation under Labor Code section 1102.5(f); up to $25,000 per violation under Health and Safety Code section 1278.5), and attorneys' fees and costs (Labor Code section 1102.5(j)). For details, see our California employment law page.

How to File a Retaliation Claim in Clovis

Whistleblower and wage-retaliation claims can be filed with the California Labor Commissioner (DLSE Fresno Office, 770 East Shaw Avenue, Suite 222, Fresno, CA 93710). Cal/OSHA retaliation claims under Labor Code section 6310 have a 6-month deadline; statewide complaint line (833) 579-0927. FEHA retaliation claims go to the California Civil Rights Department (CRD), Fresno Office, 1277 East Alluvial Avenue, Suite 101, Fresno, CA 93720. Civil suits are heard at the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Call us at 1-800-371-3088 before any deadline.