Many people are deterred from reporting workplace misconduct at their job because they are afraid of the fallout. However, California law protects workers from losing their jobs when they report concerns in good faith. If you have concerns about your job or suspect you were fired as a result of a good-faith report, you may benefit from speaking with our Orange County whistleblower retaliation attorneys.
California Workers Have Legal Protections When Reporting Workplace Misconduct
Workers are protected by both state and federal laws when it comes to reporting workplace misconduct. These include:
- California Labor Code § 1102.5 prohibits retaliation against an employee who makes an internal or external report of behavior that violates state or federal law.
- The Fair Employment and Housing Act also prohibits retaliatory behavior
- Title VII of the Civil Rights Act of 1964 protects workers who refuse to participate in, report, or assist in the investigation of discriminatory behavior under the Civil Rights Act of 1964
In most cases, reports of workplace misconduct made in good faith are protected against job loss and retaliation.
Reporting Workplace Misconduct
Knowing that the law is on your side may help you feel confident in your decision, but you may still be unsure of how to go about your report.
Review Your Company’s Policies
It is wise to review your company’s reporting policies before you do anything. In most cases, particularly if you pursue a lawsuit, the courts want to see that you made genuine efforts to resolve the issue first.
Additionally, following the company policy may mitigate hard feelings and retaliatory behavior. However, if following company guidelines does not resolve the problem, you have other options.
Document Everything
Documentation is key to making a strong case, whether that is a strong report of misconduct or a strong case showing retaliation. Your employer is often more able to take quick action when all of the details are clearly compiled.
Additionally, documenting your concerns and efforts to report them can go a long way toward protecting your position at work.
Should You Report Misconduct Internally or Externally?
In most cases, we advise clients to begin their report internally through the appropriate channels. However, if they fail to find a resolution or correct the issue, you may want to consider other options.
When you file an internal report, it is likely to be submitted to your human resources team or a separate ethics or compliance department. When you do this, it is usually wise to do so in writing to keep for your records.
If you determine you need to file an external report, some of the more common oversight agencies for discriminatory conduct include the California Civil Rights Department and the U.S. Equal Employment Opportunity Commission. However, if you have concerns regarding safety conditions, you may choose to file a complaint with the California Division of Occupational Safety and Health
What to do if You Are Facing Retaliation After Reporting Workplace Misconduct
If you have reported workplace misconduct and have faced adverse employment action or termination soon after, it may be time to connect with an attorney to discuss your situation and determine your legal options moving forward.