California provides some of the strongest whistleblower protections in the country. Labor Code § 1102.5 protects employees who report — or reasonably believe they are reporting — violations of state or federal law to a government agency, law enforcement, a supervisor with authority to investigate, or another employee with authority over the reporting employee. That makes sense right? We want people to be able to speak up when something illegal is happening, and if employers can punish their employees for that people will remain quite.
Additional protections cover reports of unsafe working conditions (Labor Code § 6310), wage violations (§ 98.6), patient safety concerns (Health & Safety Code § 1278.5), and many industry-specific contexts. Recent amendments to § 1102.5 shifted the burden of proof: once the employee shows the protected activity was a contributing factor in the adverse action, the employer must prove by clear and convincing evidence it would have taken the same action regardless.
Remedies include reinstatement, backpay, front pay, lost benefits, emotional distress damages, attorneys’ fees, and civil penalties up to $10,000 per violation
If you have been retaliated against for speaking up, contact us immediately.