Retaliation Complaint Investigation Unit in California
Retaliation is a serious matter to the Department of Labor. As an employee of the State of California, you have the right to speak with the representatives of the California Labor Commissioner’s office or any other government or law enforcement agency on any issues affecting your working conditions.
Your employer can not dismiss, lower, suspend or discipline you for answering any questions or providing any information to a government agency.
For Employers
In the State of California, it is unlawful to retaliate against any employee who provides information to the government or law enforcement agency where the employee has reasonable grounds to believe that the information discloses violation or noncompliance with state or federal law, regulation, or retaliation, you can’t fire, lower, suspend or discipline any employee who engages in this protected activity.
What is in section 1102.5 of the California Labor Code, subsections (a) – (i)?
(A) The employer or any person acting on behalf of the employer in retaliation complaint should not accept, adopt or apply any rule, regulation or policy prohibiting an employee from disclosing information to the government or law enforcement agency to a person with authority over an employee or other employee who has Powers to investigate, detect or correct a violation or noncompliance, or provide information or testify to any government agency conducting the investigation, listen of inquiry or, if the employee has reasonable that the information discloses a violation of state or federal law, violation or noncompliance with local, state or federal rule or regulation, regardless of whether the disclosure is part of the employee’s official duties.
(B) The employer or any person acting on behalf of the employer can not retaliate against the employee for disclosing information, or because the employer believes that the employee disclosed or can disclose information to a government or law enforcement authority.
A person with authority over an employee or other employee who has the right to investigate, detect or correct a violation or noncompliance, or to provide information or to give evidence earlier to any government agency conducting p Investigation, hearing or inquiry if the employee has reasonable grounds to believe that the information discloses a violation of a state or federal law, a violation or noncompliance with a local, state or federal rule or regulation, regardless of whether disclosure is part of the employee’s official duties.
(C) The employer or any person acting on behalf of the employer does not compensate the employee for refusal to participate in activities that would lead to a violation of a state or federal law or to the violation or noncompliance with a local, state or federal rule or regulation.
(D) The employer or any person acting on behalf of the employer does not reimburse the employee for exercising his rights under subsection (a), (b) or (c) under any previous employment.
(E) A report made by a government official to his employer is the disclosure of information to the government or law enforcement agency in accordance with subparagraphs (a) and (b).
(F) In addition to other fines, an employer who is a corporation or a limited liability company is liable for a civil fine not exceeding ten thousand dollars ($ 10,000) for each violation of this section.
(G) This section does not apply to rules, rules or policies that either implement the actions of employers against employees who violate the confidentiality of the privilege of a lawyer and a client under Article 3 (beginning with Section 950) or a physician-the strategic privilege of Article 6 From Section 990) of Chapter 4 of Section 8 of the Evidence Code or commercial secret information.
(H) The employer or the person acting on behalf of the employer does not reimburse the employee since the employee is a member of the family of the person who is supposed to have any activities protected by this section.
(I) For the purposes of this section, the “employer” or “the person acting on behalf of the employer” includes, but is not limited to, the employer of the client as defined in subparagraph (a) of section 2810.3 (1) and the employer specified in subsection (b) Section 6400.
Retaliation should be addressed and subsequently dealt with immediately for the best results.
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