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  • By: Wilmer Harris, Esq.
Legal protections for whistleblowers in California workplace law.

In this article, you can discover…

  • How California law can protect you from workplace retaliation.
  • The types of actions that may count as retaliation at work.
  • The damages you may be entitled to as a whistleblower in California.

How Does California Protect Employees Who Report Workplace Violations From Retaliation?

Whistleblowing is when you risk your job to bring safety violations or sexual harassment issues to the fore. California has very strong protections in place to protect employees who investigate or report wrongdoing or speak out in good faith with concerns about possible wrongdoing.

In spite of those strong protections, employees still sometimes lose their jobs in retaliation when they act as whistleblowers. If you have concerns about possible impending termination due to whistleblowing (or if you have already been terminated), reach out to an experienced whistleblower attorney as soon as possible.

What Are The Key Differences Between State And Federal Whistleblower Protections In California?

State and Federal whistleblower protection laws are fairly similar to one another, and either would be sufficient to protect you from retaliation. While there are some differences in terms of the length of statute and procedural requirements to file a case, the basic protections for whistleblowers are the same.

What Actions Are Considered Retaliation Against Whistleblowers Under California Law?

Retaliation means an employer has taken an action against you that they would not have taken otherwise because of an employee’s protected conduct. Whistleblowing is protected conduct, and if you come forward with illegal behavior or conduct, you can not be legally retaliated against by your employer.

Retaliation can involve reducing your pay, demoting you, transferring you to a less desirable job, or terminating you. Other examples can include being disparaged or being accused of things that are untrue.

How Can Whistleblowers Prove Retaliation In California?

If you have been in the workplace for some time and have been performing at least satisfactorily, if not better, retaliation may be demonstrated if there is a paradigm shift after you report observed illegal activity or illegal activity suspected in good faith.

These paradigm shifts could include demotion, a change in title, transfer to a less desirable job, or termination. Poor performance reviews when there has been no change in the quality of your work can also be used to prove retaliation.

What Damages Are Whistleblowers Entitled To Under California Law?

As a whistleblower who has been retaliated against, you can be compensated for pain, suffering, emotional distress, lost earnings, and even loss of earning capacity, especially if your termination has damaged your future employment opportunities. Punitive damages might also be applied and seek to deter your employer from retaliating in the future.

Different whistleblowing statutes have different statutory penalties attached to them, sometimes doubling or tripling what your employer owes you.

How To Respond If You’re Afraid To Blow The Whistle?

If you fear repercussions for whistleblowing, it can be helpful to discuss your situation with an experienced employment law attorney. Your lawyer can help you strategize the best way to make your report and when.

When you consult with me, I’ll help you consider whether you should consider looking for a different job. I’ll take into consideration your employer, your personal financial situation, and how to get the best possible results should your case proceed to court.

I’ve handled dozens of cases and will find the best solution for you, protecting your rights and future at each step, from the initial consultation through litigation, if needed.

Still Have Questions? Ready To Get Started?

For more information on protecting your rights as a whistleblower, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 465-7792 today.