Making the decision to stand up to your employer is not an easy one. Whether that is filing a report to OSHA, or the Department of Labor, the state of California protects your rights to do this. If you face retaliation as a result, you may have grounds to file a lawsuit.
However, this option does not last forever, and it is imperative that you understand how long you have to file a whistleblower claim in California. The team and Sparrow Law Group LLP is dedicated to helping you understand your rights, and our Los Angeles whistleblower lawyer is ready to help.
How to Know if You Qualify as a Whistleblower in California
The California Labor Code protects workers from retaliation for internal or external reporting of unsafe or illegal working conditions. Section 1107 explicitly lists several types of protected reporting, which include reports to leadership, governing bodies, or government agencies.
If you have filed a report regarding safety or legal concerns in the workplace, you are likely considered a whistleblower and should not face any consequences from your employer.
When You May Have a Whistleblower Claim
If you are facing adverse employment action after you make a protected report, you may be eligible for a whistleblower claim. According to the Equal Pay and Anti-Retaliation Act that went into effect in 2024, adverse action within 90 days of your report may be automatically assumed to be retaliation, reducing your burden of proof.
Some signs to look out for include an unexpectedly negative performance review or sudden micromanagement from your supervisor. Other, more obvious signs may be terminating your employment without cause or a demotion.
Identifying the adverse employment action is key to determining the start of your statute of limitations.
California Whistleblower Statute of Limitations
To determine how much time you have to file a whistleblower complaint, we must identify what legislation the behavior violates and where the report is going, as different laws and governing bodies may have different requirements.
For example, complaints to the California Labor Commisioners Office are limited to 1 year after the event. While you may have 3 years to file a complaint with the California Civil Rights Department before you file a lawsuit. Similarly, you have 3 years from the date of the adverse action to file a civil lawsuit for general retaliation.
If you are making a claim against a government entity, you may have less than a year to file your claim, so it is critical to speak with a whistleblower attorney to determine when your timeline started and how much time you have to decide how to proceed.
The Statute of Limitations Determines the Time to File a Lawsuit, Not to Make a Claim
3 years may seem like a long time to sit on something and think it over, and it is. However, you must consider that most lawsuits start as claims against the company to negotiate compensation and find a resolution.
Many cases settle without a formal lawsuit, and many judges will look at your situation unfavorably if you delay action and fail to take steps to negotiate prior to a suit.
In most situations, it is best to contact an attorney as soon as you have concerns of retaliation from your employer to avoid unnecessary stress and court costs.