You have the right as an employee to report workplace violations or noncompliance with regulations in California. State and federal laws provide California whistleblower protections to prevent adverse employer actions against you. Knowing your legal rights to act as a whistleblower allows you to protect against employer retaliation.
Rules in the Workplace Cannot Prevent Whistleblowing
Employers may not lawfully make, adopt, or enforce a workplace policy that prevents an employee from reporting violations of state or federal statutes, according to the California Labor Commissioner’s Office. Employees may rightfully report statutory violations to a supervisor, a governmental agency, law enforcement, or another employee who has the authority to address the violation.
Fundamental rights to report unsafe working conditions, illegal activities in the workplace, wage violations, or other unlawful activities exist in California Labor Code §1102.5 when an employee has a reasonable belief that a violation occurs.
Retaliation Against Whistleblowers is Prohibited
California Code also prevents an employer from retaliating against you for reporting a violation or if they perceive that you may file a report. Retaliation takes many forms and can result in wrongful termination, demotion, targeted unfavorable job assignments, or various actions that impact your employment.
Protections also prevent discrimination or harassment as a result of whistleblowing. A Whistleblower Protection Program exists under federal law to protect against retaliation.
Protection For Refusing to Participate in Certain Activities
The law also protects you when refusing to engage in activities that lead to your violating a state or federal statute. The protections also extend to refusing to commit a violation or be in noncompliance with state or federal regulations.
Protection Against Retaliation for Prior Whistleblower Actions
As an employee, the California Labor Code also protects against actions by a current employer for using your right as a whistleblower at a previous employment. A current employer may not take adverse actions against you as a result of reporting a violation or noncompliance of a former employer.
Retaliation for Reporting Unsafe Working Conditions is Prohibited
Whistleblower protections extend to workers who make an oral or written complaint that addresses the health and safety of employees, as outlined in California Labor Code §6310. Employees have protection against retaliatory acts by an employer when testifying or planning to testify against an employer.
Reporting a work-related illness, injury, or fatality is also a protected act. Under the law, employers may not fire, threaten to fire, suspend, demote, or discriminate against an employee in any way for participating in these actions.
Protections for State Employees Reporting Law Violations or Abuse of Authority
California state employees have whistleblower protections to safeguard against retaliation when exercising their right to report those who abuse authority, misuse public funds, or violate California laws or regulations under the California Whistleblower Act.
Further Protections for Whistleblowers in California
Retaliating against a whistleblower is a severe offense. As a whistleblower in California, you may seek reinstatement to your job if you experience wrongful termination.
Compensation for employment benefits, lost wages, and other compensation may be possible for civil penalties. In addition to filing a complaint with a governmental agency to initiate an investigation, other damages may be available to compensate for other losses you experience under whistleblower protections.
The law requires you to file a complaint or take legal action within a specific time period. Contacting an Orange County whistleblower retaliation attorney in California will help you take the necessary steps to protect your rights.