California’s Retaliation Protections for Whistleblowers: Your Rights and Remedies
Are you hesitating to report the illegal activities going on in your workplace? As a California employee, you do not have to think twice before standing against unlawful incidents. California whistleblower protection act protects its workers from workplace retaliation against whistleblowers. This article will work as a guideline for you to make you aware of your rights and remedies under the CA whistleblower protection laws.
What is workplace retaliation?
In your workplace, you may face different forms of retaliation after reporting any illicit activity. Your employer may increase the workload compared to regular work, exclude you from meetings, deny access to company resources, etc. Thus, workplace retaliation is considered to be a criminal offence and you should seek legal help when you are subjected to this kind of unjust treatment.
CA whistleblower protection laws
Labor Code 1102.5 LC
This whistleblower protection law protects the employees of California when they report suspected violations of employment laws in their workplace. According to this law, you can disclose information to law enforcement agencies if you reasonably believe that unlawful activities are going on in your workplace. More importantly, if your doubt turns out to be wrong, this law will protect you from workplace retaliation like demotion or termination.
Labor Code 6310 LC
This law prohibits whistleblower retaliation against the workers specifically who have reported violations of occupational health and safety regulations to the Cal/OSHA. California Division of Occupational Safety and Health is a state agency that promotes the betterment of health and safety of working-class people in California.
The Fair Employment and Housing Act (FEHA)
FEHA has a distinct provision that protects employees from whistleblower retaliation in the workplace. Now you may contact law enforcement agencies to report the violation of law in your workplace without any fear.
What can I do if I am a victim of whistleblower retaliation?
You have two options to pursue when you become a victim of whistleblower retaliation. You can either file a whistleblower retaliation lawsuit in the California Superior Court or make a formal complaint with the Labor and Workplace Development Agency. You can complete the formal procedure online or by phone. The state agency will take your case and arrange further investigation to find the truth. If they dismiss your case, you can proceed to file your lawsuit in court. You will have to file the lawsuit within three years of the event of retaliation. In this way, you will be able to get legal compensation like lost wages, back wages, employee benefits, punitive damage, compensation for emotional distress, and so on.
Final Words
Both federal and state laws protect the employees of California against whistleblower retaliation. CA whistleblower protection laws are active and prompt to take action against employers who commit retaliation. Hopefully, you can handle the issue of whistleblower retaliation in the workplace with the help of the above-mentioned guidelines.
Photo Credit: Adobe Stock/ Vitalii Vodolazskyi