The California Labor Code 1102.5: Whistleblower Protection safeguards any California employee who discloses information about a violation of local, state, or federal law from any kind of retaliation. Here’s what you need to know about California Labor Code 1102.5: Whistleblower Protection.
Whistleblower Protection ensures safety from retaliation from an employer, other employees or coworkers, and any family members of the disclosing employee. The Whistleblower Protection Act also safeguards the employee from workplace retaliation if they disclose the information about the violation of a law to the government, law enforcement, a supervisor, or someone who is qualified to investigate the disclosure. Finally, the Whistleblower Protection Act also protects the employee if they refuse to participate in an action that would violate the law.
What is the Purpose of the Whistleblower Protection Act?
The goal of Whistleblower Protection is to encourage employees to be truthful about possible legal violations that may be happening in their workplace without fear of losing their job, financial security, or more severe forms of retaliation from others. The act ensures that employees will have financial and physical support from law enforcement if they are subjugated to an unlawful situation in the workplace.
Related: Whistleblower Laws in California: What You Need to Know
What Does Whistleblower Protection Entail?
Whistleblower protection does all of the following:
- It states that it is illegal for any employer to prevent an employee from disclosing information regarding a legal violation to the government, law enforcement, supervisor, or any other employee equipped with reasonable authority to investigate. Whistleblower Protection differs from federal law in this aspect, as the disclosure does not have to fall within the employee’s duties in order for them to report it, they are protected regardless.
- It ensures the safety of any employee (even a government employee) who discloses information that may be a violation of the law to the government, law enforcement, supervisor, or any other employee with reasonable authority. This also does not have to fall within the jurisdiction of the employee’s duties, it is protected regardless.
- It protects any employee who refuses to participate in any action that would violate the law.
- It dictates that no employer is allowed to retaliate against any employee who acted under the protections listed above in a prior place of employment.
- It states that every violation of Section 1102.5 of the California Labor Code will result in a $10,000 fine.
- It lists that employers are not allowed to retaliate on any of the family members for the employee who has disclosed the information or engaged in the protected activity listed above.
What Counts as Violations of the Whistleblower Protection Act?
Employer retaliation against a disclosing employee or their family is prevented by the Whistleblower Act. Retaliation is defined as an employer firing an employee or taking any other kind of “adverse action” against an employee for engaging in the protected activity. An “adverse action” includes but is not limited to:
- Termination of employment
- Demotion
- Denial of overtime or promotion
- Disciplinary action
- Denial of benefits
- Failure to hire or rehire
- Intimidation or harassment
- Threats
- Reassignment to a less desirable position
- Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
Related: What Are Examples of Retaliation in the Workplace?
How Does an Employee Invoke Whistleblower Protection?
Every employee has the right to file a whistleblower complaint with the Occupational Safety and Health Act (OHSA) if they believe their employer is retaliating against them for exercising their rights. Here is how to file a complaint:
- Contact the OHSA, either by telephone (800-321-6742) or by walking into a local OSHA office, or fill out a complaint form.
- Then, the OHSA will contact the employee to determine whether or not they wish to conduct an investigation of the complaint. This is very important because the OSHA requires a response to their follow-up or else the complaint will be dismissed.
- If the OSHA decides to proceed with the investigation, they will notify the employer in question and provide them with an opportunity to respond.
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