One of the most challenging career decisions you can make is the decision to expose wrongdoing at your place of work. It’s natural to wonder whether the price of doing the “right thing” can cost your career.
The good news is that California law protects whistleblowers from retaliation by their employers. California lawmakers recognize the tremendous role that whistleblowers play in the fight against corruption. Oftentimes, it’s because someone on the inside exposed a company’s illegal actions. Insiders usually have access to information that the general public doesn’t. In order to encourage insiders to come forward and expose fraud or other unlawful activity, California created a slew of whistleblower protections under its Labor Code.
What Is a Whistleblower?
Under California law, a whistleblower is defined as an employee who provides information to either a government or a law enforcement agency. The information provided by the employee must involve a suspected violation of the law. So long as the employee provides information under a “good faith belief” that their employer has violated a law or regulation, they will be protected under California’s whistleblower laws.
An employee is a whistleblower when they provide information relating to the following:
- Violations of state or federal statutes. For example, if an employee reports fraud or another criminal offense to a government or law enforcement agency, then the employee would be considered a whistleblower.
- Violations or noncompliance with local, state, or federal rules or regulations.
- Public Policy violations in the workplace usually involve employee safety, health, or unsafe working conditions in the place of employment. An example is an employee who reports California’s wage/hour laws to the Labor Commissioner.
- Public or state employees who report wasteful, incompetent, or inefficient activity to the California State Auditor.
Whistleblowing also includes an employee’s refusal to participate in any activity that would be in violation of a state or federal statute.
Who is Protected?
According to California Labor Code Section 1102.5, all employees are protected. That includes any person employed by a public or private employer. If you are an employee, you are included within the protected class.
How are Whistleblowers Protected?
Section 1102.5 of the California Labor Code is the primary whistleblower protection statute. It extends several protections for whistleblowers.
- Employers cannot prohibit employees, either through policy or rules, from giving information to the government or an investigatory authority.
- Employers cannot retaliate against an employee who refuses to participate in illegal activity.
- Employers cannot retaliate against an employee for having exercised their rights as a whistleblower against a previous employer.
- Employers cannot retaliate against any employee who is a whistleblower.
Whistleblower Retaliation is Illegal
Wrongful termination, or being fired from a position, is one form of whistleblower retaliation. Perhaps the employer outright terminates a whistleblower employee. Or, the employer makes the whistleblower employee’s work conditions so miserable that the employee has no other option but to resign. Forcing an employee to quit is known as constructive termination and is illegal.
Whether the loss of a job results from explicit termination or the more subtle form of constructive termination, both forms are recognized as workplace retaliation and illegal in the state of California.
Wrongful termination isn’t the only type of illegal retaliation. There are other more subtle forms, including:
- Demotion, reassignment to a lesser area of responsibility, cutting or increasing hours;
- Reductions in pay;
- Denying a promotion to a higher position despite meritorious qualifications.
- Threatening to call immigration if an employee makes a labor complaint.
- Denying admittance to training or professional developments classes;
- Forced relocation;
- Not enabling employees to perform their job correctly by refusing to provide necessary resources.
Victims of Whistleblower Retaliation Have Options
When an employee takes retaliatory action against a whistleblower employee, California law provides whistleblowers the right to sue their employers for damages. Under state and federal laws, employers who fire their employees for whistlingblowing is illegal. If you have been wrongfully terminated, you may have the grounds to file a lawsuit for wrongful termination.
Commencing a wrongful termination suit can be complicated. Lawyers can help gather evidence, investigate the facts, and present a strong case on your behalf. Our San Bernardino lawyers at can help you bring a strong claim against your employer.
Prevailing in a whistleblower retaliation lawsuit against your employer potentially affords you lost wages and benefits. Also, the court can afford compensation for physical pain, mental suffering, and lost career opportunities.
