Retaliation & Whistleblower Protections in California
California provides extensive protections against employer retaliation. Labor Code § 1102.5 protects employees who report suspected legal violations. Additional protections cover employees who file workers' compensation claims, report safety hazards, exercise wage rights, or participate in union activities. Retaliation claims can be filed with the Labor Commissioner, CRD, or through a civil lawsuit.
Frequently Asked Questions
What is whistleblower retaliation under California law?
Under Labor Code § 1102.5, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, or to a supervisor or other employee who has authority to investigate, if the employee has reasonable cause to believe the information discloses a violation of law. Retaliation includes termination, demotion, suspension, threats, or any adverse employment action.
Can my employer fire me for filing a wage complaint?
No. California Labor Code § 98.6 prohibits employers from retaliating against employees who file wage claims, testify in proceedings, or exercise any rights under the Labor Code. If you are terminated within 90 days of engaging in protected activity, there is a rebuttable presumption of retaliation.
What should I do if I believe I am being retaliated against?
Document everything — keep copies of any complaints you made, notes about changes in your treatment, and communications from your employer. File a complaint with the appropriate agency: the Labor Commissioner for wage-related retaliation, or CRD for FEHA-related retaliation. You may also consult an employment attorney about filing a civil lawsuit. Act promptly, as statute of limitations periods apply.
What is the statute of limitations for a retaliation claim?
For Labor Code retaliation claims (such as § 1102.5 whistleblower retaliation), the statute of limitations is generally three years under Code of Civil Procedure § 338. For FEHA retaliation claims, you must file with CRD within three years. Some specific retaliation claims may have different deadlines, so prompt action is recommended.
What remedies are available for retaliation?
Remedies for retaliation include: reinstatement, back pay with interest, compensation for lost benefits, compensatory damages for emotional distress, punitive damages, attorney's fees and costs, and civil penalties. Under Labor Code § 1102.5, employees may also recover a civil penalty of up to $10,000. In some cases, the employer's officers and agents may be held personally liable.
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