California Whistleblower Retaliation Lawyers

Yes, California has a number of different whistleblower protection laws. California Labor Code Section 1102.5 is the broadest California whistleblower law protecting both private and public sector employees in the State of California. Under Section 1102.5, it is unlawful for an employer to retaliate against an employee for disclosing information that the employee reasonably believes may violate a local, state, or federal law, rule, or regulation. The law protects employees even if an employer ultimately proves that its actions were not unlawful, if the employee can point to a specific statute, rule, or regulation that they reasonably believed may have been violated. Section 1102.5 also prohibits an employer from retaliating against an employee where the employer believes the employee may make a protected disclosure, even if the disclosure hasn't happened yet. Section 1102.5 further protects employees who refuse to participate in an activity that would violate a state or federal statute or local, state, or federal rule or regulation. For example, if your boss asks you to violate health and safety laws or participate in fraudulent billing and you refuse, whistleblower protections may apply.

Disclosures reported to government or law enforcement agencies, to an employee's supervisor, or to another employee with authority to investigate or correct the suspected violation may be protected under Section 1102.5. Employees may also be protected when providing information to or testifying before a public body conducting an investigation, hearing, or inquiry.

Section 1102.5 focuses on disclosures involving suspected violations of local, state, or federal laws, rules, or regulations. Ordinary disagreements over internal company policy, performance reviews, workplace management, or personnel decisions do not automatically become whistleblower matters simply because an employee disagrees with the employer's decision.

Whistleblower retaliation cases generally examine whether the employee engaged in protected activity, experienced an adverse employment action, and whether there is a connection between the two. Evidence can include the timing of the employer's actions, communications, changes in treatment, disciplinary records, and other circumstances surrounding the reported conduct. Read our full breakdown of how to prove retaliation.

Deadlines for whistleblower and retaliation claims depend on the law involved, the type of claim being pursued, and the facts of the case. Different whistleblower laws can have different filing requirements, so employees should not assume that the deadline for one type of whistleblower claim applies to another. An employment attorney can identify which deadlines may apply to a particular situation.

Whistleblower protections can vary depending on the law involved and the worker's legal classification. A company's decision to label someone an independent contractor does not by itself determine which workplace protections apply. If you were treated adversely after reporting suspected unlawful conduct, an attorney can evaluate your working relationship and determine which whistleblower or retaliation laws may apply.

California and federal law provide qui tam procedures that may allow a private person to bring a False Claims Act case involving alleged fraud against the government. These cases are different from ordinary workplace whistleblower retaliation claims and have their own requirements, procedures, and deadlines. If the conduct involves government funds, government contracts, false billing, or other allegedly fraudulent claims for government payment, an attorney can evaluate whether the California False Claims Act, federal False Claims Act, or another whistleblower law may apply.