Is My Employer Retaliating? Cutting Your Hours After a Complaint Could Be Illegal in California

As a California Bar–certified lawyer referral service, we’ve helped thousands of employees connect with qualified labor attorneys after experiencing retaliation in the workplace. One of the most common—and confusing—forms of retaliation we see isn’t always a firing. It’s something more subtle: a quiet reduction in work hours after an employee speaks up about harassment or discrimination.

Many workers don’t realize that cutting hours, changing schedules, or reassigning duties can be just as unlawful as termination when it’s done as punishment for exercising your rights. Under California law, retaliation can take many forms—and understanding when it crosses the line is key to protecting yourself.

What California Law Says About Retaliation

Retaliation is prohibited under the California Fair Employment and Housing Act (FEHA), codified under Gov. Code §12940(h). This law makes it illegal for an employer to retaliate against an employee for engaging in what’s called “protected activity.”

Protected activity includes things like:

• Reporting or opposing workplace harassment or discrimination

• Participating in a discrimination or harassment investigation

• Requesting reasonable accommodations for a disability or pregnancy

• Taking family or medical leave under the California Family Rights Act (CFRA)

If you reported harassment—whether to HR, a supervisor, or a government agency—and your employer responded by cutting your hours, that’s a potential adverse employment action under California law. Courts have consistently held that any action likely to discourage a reasonable person from reporting misconduct can qualify as retaliation.

For example, in Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, the California Supreme Court emphasized that retaliation doesn’t have to be a firing or demotion. It includes any action that materially affects the terms and conditions of employment—like schedule reductions, shift changes, or withheld opportunities.

Why Cutting Hours Can Be Retaliatory

We’ve seen many cases where employers disguise retaliation as a “business decision.” They might claim there’s a slowdown or restructuring, but the timing often tells the real story.

If your hours were cut immediately or soon after you complained about harassment, that’s a red flag. A pattern where only the complaining employee’s hours are reduced—while others remain unaffected—is another.

Under FEHA, California courts consider both timing and context. The closer the reduction in hours occurs after the complaint, the stronger the inference of retaliation. Even if your employer argues they had financial reasons, they must show legitimate, non-retaliatory justification supported by documentation.

Real-World Example from Our Experience

A Los Angeles retail worker came to us after reporting sexual harassment by a store manager. Within weeks, her hours dropped from 35 per week to just 10. She wasn’t fired, but her income was cut so drastically that she was forced to quit.

This is what’s known as constructive discharge—when working conditions become so intolerable that quitting becomes the only reasonable option. In this case, the reduction in hours and subsequent pressure to resign constituted unlawful retaliation under FEHA.

Her referred employment attorney later secured a settlement for back pay, emotional distress, and attorney’s fees.

How to Prove Retaliation

Retaliation cases depend heavily on evidence. To build a strong claim, it’s important to:

1. Document the timeline — Write down when you reported harassment and when your hours were reduced.

2. Keep written communication — Save emails, texts, or messages showing you reported the issue or were disciplined afterward.

3. Compare treatment — Note whether other employees were affected by similar changes.

4. Request written explanations — Ask your employer to put their reason for the schedule change in writing.

If your employer can’t produce consistent documentation, or if the reason shifts over time, that inconsistency strengthens your case.

Filing a Retaliation Complaint

Employees in California have two main paths to pursue a retaliation claim:

1. Through the Civil Rights Department (CRD)

   
   

   • Formerly the DFEH, the CRD enforces FEHA.

   • You must file an administrative complaint within three years of the retaliatory act.

   • The CRD may investigate, mediate, or issue a “Right-to-Sue” letter allowing you to file in civil court.

   • (Learn more at calcivilrights.ca.gov).

   
   

2. Through the Labor Commissioner’s Office

   
   

   • If retaliation is tied to wage or labor violations (for example, reduced hours for reporting unpaid wages), you may file a claim under Labor Code §98.6.

   • The Labor Commissioner can order reinstatement, back pay, and civil penalties.

   
   

In most cases, consulting an employment attorney early provides strategic guidance on whether to go through an agency or directly to court.

FAQs We Often Hear from Employees

1. Can my employer legally reduce my hours for performance reasons?

Yes—but only if they can prove it’s unrelated to your complaint. Legitimate, well-documented performance issues are different from retaliation.

2. What if I’m a part-time or at-will employee?

Even at-will employees are protected from retaliation. Your employer can fire or reduce your hours for any lawful reason—but not for a retaliatory one.

3. Can I still file a claim if I signed a severance or settlement agreement?

If you already signed a release, your options may be limited. However, if you were coerced or misled, an attorney can review whether the agreement is enforceable.

Practical Takeaways

1. Don’t ignore sudden schedule changes after reporting harassment—document them immediately.

2. Communicate in writing when possible; paper trails are critical in retaliation cases.

3. Consult an employment attorney early to evaluate whether your situation meets the legal standard for retaliation and to preserve evidence.

When to Seek Legal Help

Retaliation cases are emotionally draining, especially when you’re just trying to do the right thing. Many workers hesitate to act because they fear losing their job entirely—but the law is designed to protect those who speak up.

At 1000Attorneys.com, we’ve seen that early legal intervention often prevents further retaliation and ensures employees understand their rights. A qualified employment attorney can assess your case, negotiate with your employer, or file a claim under California’s retaliation laws if necessary.

Disclaimer

This fact sheet is intended to provide general and accurate information about employment-related legal rights in California. However, laws and procedures can change frequently and may be interpreted differently depending on the circumstances. 1000Attorneys.com does not guarantee that the information provided reflects the most current legal developments and is not responsible for how it is used. You should not rely solely on this content to make legal decisions. For guidance specific to your situation, consult a qualified attorney through a referral or contact the appropriate government agency.