California is one of the most progressive states in the nation when it comes to employment rights that protect workers from retaliation in the workplace. For example, the state’s whistleblower laws ensure that employees can speak out when their employer engages in illegal or unsafe practices. Under both federal and state laws, a whistleblower is someone that reports unsafe or unlawful conduct with their organization to a law enforcement or government agency, like the Occupational Safety and Health Administration (OSHA).
Employees may be threatened with termination, demotion, and other adverse treatment when they file an OSHA complaint for a workplace health and safety violation. The whistleblower laws also protect employees from retaliation when they file a complaint internally (with HR, for example). In either of these situations, it is against the law for the employer to fire the worker, demote them to a lower position, and subject them to other forms of retaliation.
What are my Rights under California’s Whistleblower Laws?
To help you understand the protections you have for reporting your employer to OSHA, we will go over the laws and statutes that exist to uphold your rights as a whistleblower. Here are some of the most important regulations that can be used to hold your employer accountable if they violate your right to file a workplace complaint with a government agency:
- Labor Code 1102.5 – this section of the California Labor Code provides the most comprehensive protections for those who are suffering from retaliation after whistleblowing on their employer. The law also covers employees who participate in an investigation of wrongdoing by the employer or providing testimony to a lawyer / in court. Even if it’s found that the employer is not guilty of the alleged offenses, the whistleblower is protected from termination and other retaliatory actions.
- Government Code 8547 GC et seq – this act, which applies to employees of the California state government, is commonly known as the California Whistleblower Protection Act. Public employees of the State of California can report violations of regulations, laws, court orders, and executive orders without fear of reprisal from the employer. They can also file complaints about unsafe work conditions, public health safety issues, and excessive financial waste by government agencies.
- Health and Safety Code 1278.5 – healthcare workers often come across unsafe work conditions, compromised patient care, and many other violations by hospitals and medical facilities. If they report the issue and the employer demotes or fires them, they may be entitled to damages from a wrongful termination or demotion lawsuit.
- Education Code 44110 – The Reporting by School Employees of Improper Governmental Activities Act protects public school workers from employer retaliation when they report illegal or unethical activity in the workplace.
Whistleblowing against Your Employer
There are many different situations that count as whistleblowing, aside from reporting a work safety violation to OSHA. While we cannot provide a complete list, below are the most common scenarios where the worker can seek protection under California’s whistleblower laws:
- You suspect criminal activity by your employer and report your suspicions to the police or FBI.
- You believe someone at your job is committing regulatory violations and report them to a supervisor or department at your job so they can conduct an investigation
- You file a complaint with the California Labor Commissioner because you suspect that your employer is in violation of wage and hour laws.
- A government employee has evidence of gross incompetence or wasteful spending and provides the information they have to the California State Auditor.
- Reporting fraudulent business practices, like falsification of financial records, tax fraud, unemployment fraud, and violating shareholder or business partner obligations.
What is Whistleblower Retaliation?
Retaliation against whistleblowers typically involves wrongful termination, meaning that the worker who reported the employer is fired from their job. Employers often argue that California is an at-will state, so they are not required to give a reason for why your employment is terminated. While this is true, there are conditions that cannot be used as a basis for adverse employment decisions, like firing someone.
You have the right to protection from retaliation by your employer after whistleblowing. Under the laws of the federal government and the state of California, employers cannot terminate an employee when they:
- Refuse to engage in conduct that violates the law
- Assert their right to a legal privilege
- Report violations of the law, even if it’s later found out that the employer is not in violation
If you were terminated under one of these circumstances, you have the right to file a whistleblower retaliation claim with state agencies, like the California Personnel Board and the Labor and Workplace Development Agency. You also have the option to sue your employer by filing a claim with the county superior court.
If you are successful in a retaliation for whistleblowing lawsuit, you can receive damages, such as:
- Lost wages
- Reimbursement for lost work benefits
- Reinstatement of your job
- Cost of legal fees
- Compensation for damage to your professional reputation
What is my Case Worth if I Sue for Retaliation after Filing an OSHA Complaint?
Case values for a whistleblower lawsuit may be tens of thousands of dollars on the lower end, while high value cases may result in payments of over $1,000,000. The size of the business and available resources is a crucial factor in settlement amounts. Whistleblower lawsuit settlements involving small to mid-sized employers may be around $50,000 to $250,000. Compensation from large corporations, on the other hand, can fall within the range of $500,000 to $2,000,000. If the level of violations and conduct against the employee for whistleblowing are especially egregious, the employee may be awarded additional payments in the form of punitive damages. In this situation, it’s possible that compensation for a whistleblower lawsuit can be over $10,000,000.
Help from a California Employment Attorney
Workers should be encouraged to report suspected safety violations at their job without the fear of losing their job or being demoted to a lower position. Proving a discrimination and retaliation complaint is extremely challenging, so you should obtain legal counsel as soon as possible.
Here at California Labor Law Employment Attorneys Group, you have the assurance of knowing that you will never be asked to pay upfront. Legal fees are added to the settlement demands we present to your employer, and as a result, we can promise that you won’t receive any bills from us if we fail to recover your payment.
If you’re interested in learning more about your rights and legal options, contact us today and schedule a free case evaluation.
