Employer Retaliation Defense in Pasadena

We Defend Pasadena Employers Against Retaliation Claims. Not Employees.

Retaliation claims are among the most frequently filed employment claims against California businesses, and the legal landscape has shifted sharply in employees’ favor. At Hackler Flynn & Associates, we defend employers. Founded in 2014 by attorney Cynthia Hackler Flynn, our firm works exclusively on the business side of employment law, representing Pasadena and Southern California employers against claims brought by current or former employees. Our team brings 135+ years of combined experience to every matter, and Cynthia Hackler Flynn has been recognized in California Rising Stars annually from 2017 through 2025 and in Super Lawyers in 2026.

We represent businesses of all sizes, from early-stage startups to long-standing family companies to major corporations. We’re a certified Woman Business Enterprise (WBE) and Women-Owned Small Business (WOSB), and we offer in-person consultations at our Pasadena office, as well as virtual and over-the-phone meetings.

If your business is facing a retaliation claim, don’t wait to get counsel on your side. Call Hackler Flynn & Associates at (323) 991-7506 to schedule a consultation with an employer defense attorney.

What California’s Retaliation Laws Mean for Employers

To establish a retaliation claim, an employee must show three things: engagement in a legally protected activity, an adverse employment action, and a causal link between the two. That framework sounds straightforward, but California Senate Bill 497, the Equal Pay and Anti-Retaliation Protection Act, made it significantly harder for employers to defend against these claims when it took effect on January 1, 2024.

SB 497 amended Labor Code Sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation. Under SB 497, if an employer takes any adverse action against an employee within 90 days of protected activity, that presumption can arise, shifting the initial burden of proof onto the employer. To overcome it, the employer must articulate a legitimate, non-retaliatory reason for the action.

The financial stakes are real. Labor Code Section 1102.5 now carries a civil penalty of up to $10,000 per employee per violation, on top of compensatory damages. When a claim also involves the Fair Employment and Housing Act (FEHA), which prohibits retaliation against employees who oppose discriminatory practices, punitive damages may become an additional exposure. Combined across overlapping legal theories, these numbers can grow quickly.

One meaningful development for employers: a July 2025 California Court of Appeal decision in Lampkin v. County of Los Angeles confirmed that an employer who successfully proves the same-decision affirmative defense and obtains a complete defense verdict isn’t required to pay the employee’s attorney’s fees. California employment law continues to evolve, and this decision reflects the kind of case-by-case analysis that shapes defense strategy in active litigation.

How We Approach Retaliation Defense

Every retaliation matter we handle starts from the same position: we represent the business. That orientation shapes everything, from how we evaluate the underlying complaint to how we build the record for litigation or settlement.

Evaluating the Claim

Not every grievance an employee raises is legally protected activity. Identifying what is and isn’t protected under California law is often the first critical step in assessing exposure. From there, the central battleground in most California retaliation cases is the same-decision affirmative defense, codified in Labor Code Section 1102.6. Under this defense, an employer must demonstrate by clear and convincing evidence that it would have taken the same adverse action regardless of the employee’s protected conduct. Building that defense requires contemporaneous documentation showing that the legitimate business reason for the action predates the employee’s complaint.

Managing Overlapping Claims

Retaliation claims rarely arrive alone. They’re frequently paired with FEHA discrimination claims, Private Attorneys General Act (PAGA) actions, and wrongful termination allegations. Each theory adds its own exposure, and a coordinated defense strategy that accounts for all of them from the start can make a significant difference in realistic litigation planning.

How We Work with Clients

Our boutique structure means you work directly with an experienced attorney, not junior staff. We can clear conflicts, receive documents, and get moving within hours. We also function as outsourced in-house counsel: available when you need us, without the overhead of a full-time legal department. When a matter calls for resources beyond legal defense, we can connect you with CPAs, wealth advisors, bankers, and insurance professionals from our professional network.

Why Pasadena Employers Work with Hackler Flynn & Associates

Our employer-only focus isn’t a positioning choice. It’s the firm’s structure. We don’t represent employees, which means there’s no conflict of interest and no ambiguity about whose side we’re on. For employers navigating retaliation claims in Pasadena or anywhere across Southern California, that clarity matters.

Our differentiators for employer retaliation defense:

• Employer-side focus: We represent businesses only, bringing a consistent employer perspective to every matter we handle.
• Direct attorney access: Clients work directly with experienced attorneys. No gatekeepers, no handoffs to junior staff.
• Outsourced in-house counsel model: We’re available when you need us and structured to reduce the cost of ongoing legal support.
• Long-term perspective: We provide guidance on current exposure and forward-looking counsel to help businesses reduce future risk, not just resolve isolated disputes.
• WBE and WOSB certification: As a certified Woman Business Enterprise and Women-Owned Small Business, we offer distinct value for clients with diverse supplier requirements.
• Professional network: We serve as a connector to CPAs, wealth advisors, bankers, and insurance professionals when a matter calls for support beyond employment law.

We represent employers across a wide range of industries, including construction, technology, staffing, retail, restaurants, manufacturing, nonprofits, and professional services.

Contact Us for Employer Retaliation Defense in Pasadena

Whether you’ve just received a demand letter, been served with a complaint, or want to strengthen your documentation practices before a claim arises, we’re ready to help. We welcome businesses of all sizes and offer flexible meeting options: in-person at our Pasadena office, virtual, or over the phone.

Contact Hackler Flynn & Associates today at (323) 991-7506 to schedule a consultation with an employer retaliation defense attorney.