Whistleblowers are employees who report workplace violations. Unfortunately, speaking out can lead to retaliation. Employers may subject whistleblowers to unlawful attacks, obvious or covert, as punishment. California has laws in place to protect whistleblowers from retaliatory attacks and help them fight back.
General Protection for Employees
California Labor Code (LC 1102.5) is the whistleblower statute with the most common application. The law prohibits employers from retaliating against employees who provide information about or testify to a body regarding violations of local, state, or federal workplace laws or regulations.
The statute protects whistleblowers even if their report reveals violations already known. It also prohibits employers from retaliating against employees who engaged in whistleblowing against a previous employer or demonstrated by the employee’s family. Targeted employees have 3 years to file a lawsuit for damages.
Protection for State Employees
The California Whistleblower Protection Act protects state-employee whistleblowers who report about “waste, fraud, abuse of authority, violation of law, or threat to the public.” The law states public workers best serve fellow citizens when they can be “honest without reservation in conducting the people’s business.”
Employees seeking damages have 12 months to file a whistleblower retaliation complaint with the California State Personnel Board. Filing the complaint is a prerequisite for a lawsuit.
Protection When Reporting Discrimination and Harassment
The California Fair Employment and Housing Act (FEHA) prohibits employers from retaliating against employees who report workplace discrimination or harassment. Among other categories, the law covers discrimination based on age, race, religion, disability, sex, sexual orientation, national origin, and medical conditions, including pregnancy.
Whistleblowers seeking compensation have 3 years from the retaliatory act to file a complaint with the California Civil Rights Department (CRD). The CRD will investigate and may work to resolve the situation through mediation. If they cannot, the whistleblower will be issued a right-to-sue notice and can proceed with a lawsuit against the employer.
For Wage Discrimination
California LC 1197.5 makes it unlawful for employers to practice wage discrimination and to retaliate against whistleblowers. Reporters have 3 years to file a lawsuit. They may recover the “balance of the wages,” interest, and legal fees.
Protection When Reporting Fraud
The California False Claims Act (FCA) protects employees who blow the whistle on employers engaging in fraud involving State programs or contracts or embezzlement of government funds.
The “qui tam” provision of the FCA allows the whistleblower to sue the employer on behalf of the California government, with a percentage of the damages going to the whistleblowing employee. An attorney must file the claim “under seal” and with the California Department of Justice (DOJ).
Should the employer retaliate against the qui tam suit, the employee can sue for retaliation, securing additional damages.
Additional Protections
Laws forbidding retaliation against whistleblowing employees include:
- LC 98.6: protection when reporting wage violations
- Health and Safety Code (HS) 1278.5: protection for patients, nurses, medical staff, and health workers reporting against facility administrators or staff
- LC 6310: protection for employees reporting violations of Occupational Health and Safety Administration (OSHA) regulations
A Los Angeles whistleblower attorney is best equipped to help employees navigate retaliation in the workplace and understand the rights and protections afforded to them under California law.