I Want to be Safer and Healthier at Work During the COVID‑19 Pandemic What if I am concerned about retaliation from my employer?

By law, your employer cannot retaliate against you for:

  • Asking questions about workplace safety procedures or protocols
  • Requesting personal protective equipment
  • Reporting unsafe working conditions
  • Asking to take paid sick leave
  • Reporting a workplace injury to your employer
  • Filing a workers’ compensation claim
  • Refusing to work when the work would create a real and apparent hazard to you or your co-workers.

Retaliation can take many forms:

  • Being fired or suspended,
  • Reducing your hours or pay,
  • Threats about immigration status or threats to call immigration agencies

The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner’s Office.

All workers in California regardless of immigration status are protected by labor law, including retaliation protections. File your complaint within six months of the retaliatory act.

  • Gather any information showing your employer took action against you because you exercised your labor rights.
  • Document any change in your employment conditions following the moment you exercised your rights, such as demotion or reductions in pay or hours.
  • Gather documents to compare your employment conditions prior to that moment, such as pay stubs, time sheets, personnel evaluations or commendations, personal notes or other records.

You can file your complaint online. If you prefer to submit your complaint by mail, complete the following steps:

  1. Download and complete the Retaliation Complaint form.
  2. Print, complete the form thoroughly, sign and date it.
  3. Include copies of all supporting documents. Do not send originals.
  4. Mail at

LABOR COMMISSIONER'S OFFICE
RETALIATION COMPLAINT INVESTIGATION UNIT
2031 HOWE AVE SUITE 100
SACRAMENTO CA 95825

or

LABOR COMMISSIONER'S OFFICE
RETALIATION COMPLAINT INVESTIGATION UNIT
320 W FOURTH ST SUITE 450
LOS ANGELES CA 90013

  1. By email to: oshaRetaliation@dir.ca.gov
  2. By phone at: (714) 558-4913
    (please leave a message and you will be called back in one business day)
  3. By fax at: (714) 662-6058

Although not required, if you want to use a form to file your complaint, you should download, complete, and print the Retaliation Complaint form.

Once your complaint has been accepted by the Retaliation Complaint Investigation Unit, it will be assigned to an investigator who will investigate your claim.

December 2020