Workers in the state of California are protected from wrongful termination and other acts of retaliation by their employer if they report illegal activity or safety violations at their job. Two of the statutes that protect workers in these situations include California Labor Code sections 1102.5 and 6310 and the California Whistleblower Protection Act. Workers are also protected by whistleblower laws under the U.S. Department of Labor.
In addition, your employer cannot take punitive action against you out of fear that you may report criminal or suspicious activity in the workplace. In essence, these protections can sometimes be extended to cover workers that have not filed a report.
Employment laws concerning whistleblower protections are complicated, and so is the process of filing a lawsuit if you are a victim of retaliation by your employer. For the best possible outcome, make sure to retain a lawyer with experience in wrongful termination claims.
California’s Whistleblower Statutes
A whistleblower is someone that alerts law enforcement and other authorities about unlawful or unethical activities that are taking place at their job. Those who take such actions cannot be subjected to adverse employment actions by their employer. If there is retaliation by the employer, the burden of proof is on the worker to show that they are a victim of termination and other retaliatory acts. In order to have a case for whistleblower retaliation, you must establish:
- The employer’s illegal activity was reported to the authorities.
A criminal activity in the workplace complaint may be filed with various departments and agencies, including your company’s Human Resources department, a federal regulatory agency, or a law enforcement agency. California’s whistleblower laws protect employees when they report what they sincerely believed to be illegal activity within their organization.
- The employee experienced punitive actions by their employer.
Wrongful termination is the most common form of retaliation when a worker complains about or reports legal violations by their employer. However, adverse employment decisions based on retaliation can only include harassment, demotion, being denied work opportunities, and pay cuts.
- There is a causal link between the whistleblowing and your employer’s actions.
Your employer will not come out and say that you are being terminated for whistleblowing. Thus, it’s up to you to show the link between the reporting of illegal acts and losing your job.
Employees that try to do the right thing and report crimes and other unlawful acts by their employer generally have a tough road ahead of them. Along with being punished by the employer, it’s unlikely that they will find help from their co-workers. As for the agency you filed a complaint with, their focus is on the investigation and eventual prosecution of the company, not protecting the person that made these things possible. That’s why it’s crucial for whistleblowers to obtain protection from a lawyer that’s devoted to their interests.
Workplace Health and Safety Protections
California’s Labor Code Section 6310 makes it illegal for employers to punish employees that complain about health and safety violations in the work environment. This is an additional form of protection to the Labor Code’s section 1102.5, which is specific to employees that are trying to protect themselves and others from dangerous health and safety conditions.
Employers are prohibited from retaliating against employees when they speak out against safety violations, or what they perceive to be a violation of health and safety standards under California and/or federal laws. Even if it turns out that the employer was not in violation, the person cannot be fired for exercising their right to file a complaint, give testimony, or assist in an investigation by a government agency.
Retaliation against an employee is illegal under the California Labor Code under the following circumstances:
Giving information as a witness in a legal proceeding or investigation
- Filing a complaint for unlawful activity by the employer
- Taking part in an occupational health and safety committee
- Reporting accidents, injury, illness, or death that are related to safety issues at work
- Filing a claim for workers’ compensation due to a work-related accident
- Refusing to work in conditions that are unsafe
Can I Sue for Losing My Job?
Do I have a case? Am I eligible for a lawsuit against my employer under California and federal laws that protect whistleblowers?
To answer this question, we need to know many details about your case and the circumstances that led to you being fired. Keep in mind that even if you are not let go from your job, your employer cannot retaliate against you for reporting safety violations or criminal activity. Thus, you may have a case if you were demoted, had your pay reduced, denied a promotion, or suffered another injustice for engaging in a protected activity.
As someone who was illegally terminated or punished by your employer, you can ask for compensation in the form of damages, which may include:
- Lost income, including future lost wages
- Loss of job benefits
- Daño a su reputación profesional
- Estrés emocional
- Daños punitivos
- Cost of hiring a California employment attorney
Whistleblower cases in California are generally high value cases, resulting in payments of $1,000,000 and above. If you are interested in finding out how much you can receive from a workplace retaliation lawsuit, please take some time to speak with one of our attorneys.
Contact a California Employment Rights Lawyer
State and federal labor laws are there to protect workers in the event their rights are violated by an employer. However, it can be very difficult to build a solid case and navigate the legal system to a successful outcome. Help from a lawyer that’s experienced in labor law violation claims is the key to obtaining the compensation you deserve.
Our law firm is here for you 24/7 with advice and guidance on what to do if you are a victim of retaliation after reporting illegal activity at your job. We are more than ready to provide you with skilled and effective representation. We also have a Zero Fee Guarantee policy, so you do not pay any fees upfront. Furthermore, you do not pay a single cent out of pocket if we fail to obtain your compensation.
A free consultation on your rights and legal options is just a phone call away. Please get in touch to schedule a free, private consultation.
