California’s Whistleblower Retaliation Protections: What You Need to Know
Have you ever noticed any illegal activity in your workplace? Have you been vocal about that? Have you avoided thinking it might cost you the job? If you are familiar with this situation, there is good news. You will feel relieved knowing that whistleblower laws in California protect employees who stand against any illegal activities in the workplace. So, now you can feel free to report any ethical violation without fear. This write-up will include all the key points you need to know about California’s whistleblower retaliation protections.
What is whistleblower retaliation?
Whistleblower retaliation refers to the negative actions taken by an employer against an employee who reports or exposes any wrongdoing, such as violations of workplace laws, regulations, or public policies. When an employee identifies misconduct or illegal activities within their workplace and decides to report it, they may face various adverse consequences as a result. These consequences can include:
- Wrongful termination
- Demotion
- Refusal of promotion
- Denial of access to necessary resources
- Threats
These kinds of activities will be counted as workplace retaliation.
Laws that protect employees from whistleblower retaliation
Whistleblower laws in California protect employees who report suspected illegal activity in the workplace to the law enforcement agency. All public and private sector employees are protected under these laws.
- Labor Code 1102.5 LC prohibits employers from retaliating against employees if they disclose information believing that it is related to the violation of laws and regulations. This code also protects the employees who testify before any public body to help in the investigation process. Whistleblower laws will save you even if your reasonable belief of a suspected crime is wrong.
- Labor Code 98.6 LC explicitly protects the workers who report the violation to the California Labor Commissioner. Some examples of complaints to the Labor Commissioner are- your employer pays less than the minimum wage, fails to give overtime pay, meal and rest break, etc.
- Labor Code 1197.5 forbids workplace retaliation against employees who report sex-based wage discrimination.
What can you do if you are a victim of whistleblower retaliation?
If your employer retaliates against you, you should take charge of the situation. You have the right to sue the employer for damage. Before you sue the employer, you must inform the California Labor and Workplace Development Agency. When they send you an official decision, you can proceed to file a lawsuit. You should file a whistleblower retaliation lawsuit with the California Superior Court.
The legal remedies of whistleblower retaliation lawsuit include:
- Lost wages, benefits
- Back pay
- Reinstatement
- Compensations for physical and mental loss
- Punitive damage
Final Words
If you have noticed any violation of the law in the workplace, you should not hesitate to report it. The whistleblower laws in California protect those employees who report suspected criminal activity by their employers. Hopefully, this article provides the necessary information to make you take the appropriate decision.
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