Workplace Retaliation Lawyer in Fresno

If you experienced workplace retaliation at a Fresno 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 Fresno

Retaliation against employees who exercise legal rights is independently illegal under California law, separate from the underlying complaint. Common statutory bases for Fresno 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).

Fresno Industries Where Retaliation Claims Are Most Common

• Agricultural and farmworker employees - in Fresno County agricultural fields, packing houses, and food-processing plants. Fresno County is consistently among the top US agricultural counties by total production value (over $7.7 billion annually), with grapes, almonds, pistachios, citrus, tomatoes, milk, poultry, and dozens of other commodities. Agricultural workers are covered by: (1) the Agricultural Labor Relations Act (ALRA, Cal. Labor Code section 1140 et seq.) with the Agricultural Labor Relations Board (ALRB) handling unfair labor practice claims; (2) AB 1066 (Cal. Labor Code section 857) daily/weekly overtime for farmworkers (8 hours per day, 40 hours per week threshold phased in by 2022); (3) Cal/OSHA heat illness prevention regulations (Cal. Code Regs., tit. 8, section 3395); and (4) MSPA protections for migrant and seasonal agricultural workers (29 U.S.C. section 1801 et seq.).
• Healthcare workers at CRMC, Clovis Community, and Saint Agnes - at Community Regional Medical Center / CRMC (2823 Fresno Street, Fresno, CA 93721, (559) 459-6000 - flagship of the Community Medical Centers system; home to the only Level I (highest-level) Trauma Center between Los Angeles and Sacramento and the Leon S. Peters Burn Center, the region's only comprehensive burn center), Clovis Community Medical Center (2755 Herndon Avenue, Clovis - same Community Medical Centers / Community Health System parent), Saint Agnes Medical Center (1303 E. Herndon Avenue - Trinity Health 436-bed non-profit acute-care hospital; moved to its north Fresno location in 1975), and many clinics throughout Fresno County. 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.
• Food processing workers (Foster Farms, The Wonderful Company, and others) - at Foster Farms poultry processing operations (Foster Farms is headquartered in Livingston, Merced County, and operates throughout the San Joaquin Valley; Foster Farms reached a 2025 settlement with the Animal Legal Defense Fund over water-use practices and was the site of a major COVID-19 outbreak that affected hundreds of workers) and The Wonderful Company (Fiji Water / POM Wonderful / Wonderful Pistachios / Wonderful Halos / Wonderful Citrus) operations. Poultry-processing workers across the industry have been part of a major $398 million antitrust settlement for poultry-processing workers (Cohen Milstein-led litigation against Agri Stats and major poultry processors). Food-processing 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). Production-line workers are non-exempt employees entitled to overtime under Cal. Labor Code section 510.
• Manufacturing workers at Pelco / Motorola Solutions - at Pelco (a subsidiary of Motorola Solutions / NYSE: MSI), a security camera and video surveillance manufacturer based in the Fresno-Clovis area. Manufacturing workers are covered by Cal/OSHA standards, California Labor Code section 6310 (retaliation for safety reporting), and federal OSH Act section 11(c). 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.
• Education workers at FUSD, Fresno City College, and CSU Fresno - at the Fresno Unified School District / FUSD (the 4th-largest unified school district in California with 106 schools and approximately 73,000-74,000 students; main office at 2309 Tulare Street), Central Unified School District, Sanger Unified School District, Fresno City College (1101 E. University Avenue - the oldest community college in California, founded 1910; part of the State Center Community College District / SCCCD), and California State University, Fresno / Fresno State (5241 N. Maple Avenue, Fresno, CA 93740 - approximately 25,000 students and 1,001-5,000 employees per LinkedIn). K-12 teachers are covered by the California Education Code sections 44930-44987 (permanent teacher tenure, dismissal procedures, and Skelly hearings). CSU faculty are covered by the CSU collective bargaining agreement (CFA contract). All public-school, community-college, and CSU employees are subject to the 6-month government-claim deadline.
• Retail and consumer-services workers - at the Fashion Fair Mall, River Park Shopping Center, Sierra Vista Mall (Clovis), and chain retailers along Shaw Avenue, Blackstone Avenue, Herndon Avenue, and Cedar Avenue, including Costco, Target, Walmart, 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, public-sector, and aviation workers - at the City of Fresno (2600 Fresno Street - charter city with a Strong Mayor / Mayor-Council form of government, operative since January 1997 after the 1993 voter-approved charter amendment), the Fresno Police Department (FPD officers subject to POBR / Cal. Gov. Code section 3300 et seq.), the Fresno Fire Department, the Fresno Yosemite International Airport / FAT (5175 E. Clinton Way - operated by the City of Fresno), Fresno County government, and federal offices including the Robert E. Coyle United States Courthouse at 2500 Tulare Street. Federal civilian employees and contractors at FAT and federal offices have Civil Service Reform Act (CSRA, 5 U.S.C. section 2302), Whistleblower Protection Act (5 U.S.C. section 2302(b)(8)), and NDAA section 4712 (41 U.S.C. section 4712) protections. Subject to the 6-month Government Claims Act deadline for state and local public employers.

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 Fresno 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 Fresno

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.