California Whistleblower Laws
Coming forward about legal or regulatory violations at work can be difficult. Employees may be afraid to report violations because they fear consequences at work for engaging in whistleblower activities. Here’s what to know about whistleblower laws in California.
California has extensive legal protections for whistleblowers. California Labor Code protects employees from retaliation in general and also specific situations relating to Labor Code and Occupational Health and Safety violations. The California Whistleblower Protection Act protects state employees from retaliation for reporting illegal activity, public safety risks, and economic misconduct. The California False Claims Act protects employees against retaliation for suing their employers for embezzlement, and the Fair Employment and Housing Act protects employees against retaliation for reporting FEHA-related violations.
What is Whistleblower Retaliation?
Whistleblower retaliation is when employees face negative consequences at work for reporting work-related illegal activity. Whistleblower retaliation can take on multiple forms, including termination, demotion, denial of promotion, discrimination, etc. Whistleblower retaliation is illegal in California and there are several laws that protect employees against retaliation.
California Labor Code 1102.5
California Labor Code 1102.5 is the primary, general statute that protects employees from retaliation. The labor code prohibits employers from retaliating against employees who have reported a legal or regulatory violation. The statute also prohibits employers from retaliating against employees for reporting violations at a previous job. Employers also may not retaliate against employees for whistleblower activities from the employee’s family.
Even if the employer did not actually end up violating the law, employees are still protected against retaliation if they reasonably believed the violation took place. Furthermore, the labor code prohibits employers from retaliating against employees because the employer believed the employee was about to report a violation.
California Labor Codes 98.6 and 6310
California Labor Code 98.6 protects employees that specifically reported Labor Code violations to the California Labor Commissioner. The statute prohibits employers from retaliating against employees who engaged in whistleblower activities relating to labor law such as minimum wage violations and failing to provide overtime pay. Employers also may not retaliate against family members of the whistleblower or job applicants who reported violations at a previous job.
California Labor Code 6310 is similar to LC 98.6, except that it applies to the California Division of Occupational Safety and Health. Employers may not retaliate against employees that reported OSHA-related violations.
Related: IRS Whistleblower Laws & Tax Fraud Reporting
California Whistleblower Protection Act
The California Whistleblower Protection Act protects state employees from retaliation. The statute protects every state employee from retaliation for reporting legal or regulatory violations, working conditions that threaten the safety of the employees or public, or economically irresponsible misconduct. State officials and employees are prohibited from retaliating or attempting to retaliate against any employee who reports the above complaints.
California False Claims Act “Qui Tam”
The “qui tam” section of the False Claims Act allows an employee to sue their employer on the behalf of the government for embezzlement. Employers are prohibited for retaliating against employees that brought forth a qui tam suit.
Fair Employment and Housing Act
FEHA is California’s main law protecting employees against sexual harassment. FEHA also protects employees from retaliation for reporting FEHA-related violations (e.g. sexual harassment) at work.
Related: Retaliation for Reporting Sexual Harassment in California
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If you or a loved one is a whistleblower and needs legal help, get your free consultation with one of our California Employment Attorneys today! We won’t charge you a dime unless you win your case!