R
eporting illegal activity at work should not cost you your job. California law provides strong protections for employees who expose wrongdoing. However, many workers still face retaliation. Retaliation happens so often that California strengthened its whistleblower protections in 2024.
If you were fired, demoted, or harassed after reporting misconduct, you may have grounds for a whistleblower claim. This guide explains your rights and how to protect yourself.
What Qualifies as a Protected Whistleblowing Activity?
California’s whistleblower protection laws cover a broad range of reporting activities. The key requirement is that you must reasonably believe that the reported activity is illegal (i.e., violates federal, state, or local law or regulations) . Your belief doesn’t have to be correct, but it must be made in good-faith and reasonable based on the information available to you at the time.
Whistleblower activities that qualify for legal protection include:
- Reporting safety violations, financial fraud, or environmental violations
- Refusing to participate in illegal conduct when ordered by supervisors
- Cooperating with government investigations or audits
- Filing complaints with regulatory agencies
- Testifying in legal proceedings related to reporting violations
Should You Report Problems to Your Boss or Go Outside Your Company?
You have two options when you believe there is something illegal happening at work: . You can tell someone inside your company or report it to a government agency. Both options are protected by California whistleblower protection laws, and you should not experience retaliation for either choice.
Reporting inside your company
When you report misconduct inside your company, you’re telling your supervisor or the HR department about the problem. This is called “internal reporting.”
You might think this is less protected than going to the government, but that’s not true. California whistleblower protection laws protect you just as much whether you report inside or outside your company.
Reporting to government agencies
Sometimes you may decide that you would prefer to report directly to a government agency. This is called “external reporting.” You have every right to do this, and federal and California state whistleblower laws fully protect you. You don’t have to report internally to your company first.
Different federal government agencies handle different types of problems. Federal agencies you can report to include:
- Occupational Safety and Health Administration (OSHA) – You can report a wide range of issues
- Office of Federal Contract Compliance Programs– You can report if someone is being discriminated against or harassed
- Department of Labor– If your company isn’t paying wages correctly or following labor laws
- Health and Human Services– If you work in healthcare and see patient safety problems
California’s Primary Whistleblower Protection Laws
California law contains multiple statutes that protect employees. Let’s explore several of these laws in more detail.
Labor Code Section 1102.5 — The California Whistleblower Protection Act
This statute protects employees who report violations of state or federal law or a local, state, or federal regulation or rule to government agencies. It also covers employees who report violations internally to supervisors or other company officials. The protection extends beyond just reporting violations, to employees who refuse to participate in what they reasonably believe is illegal conduct.
The law requires that your report relate to a violation of state law or federal law or a local, state, or federal regulation or rule, not just company policy.
The Fair Employment and Housing Act (FEHA)
California’s FEHA protects employees who report discrimination, harassment, or retaliation based on characteristics. These characteristics include but are not limited to:
- Race
- Gender
- Age
- Creed
- Disability
- Sexual orientation
- National origin
FEHA covers almost anyone involved in hiring or managing workers. That includes private companies, government employers, labor unions, and employment agencies.
Additional protections for specific industries
California also provides whistleblower protection to specific industries.
Some of the other laws include the following:
- Healthcare workers have additional protections under occupational health and safety laws when reporting patient safety violations
- Government contractors working with federal agencies receive protection under federal whistleblower laws
- State employees have specific protections under government code sections
- Workers in companies subject to Sarbanes-Oxley whistleblower protections have additional federal protections
Filing a Whistleblower Retaliation Claim
California provides multiple avenues for pursuing whistleblower retaliation claims. You can file a complaint with government agencies, pursue private lawsuits, or sometimes do both. The choice depends on which law covers your situation and what remedies you seek.
Key considerations when choosing your filing strategy:
- Filing deadlines are different depending on the law
- Some laws require you to file with a government agency first
- Complaints filed with government agencies might offer fewer types of compensation
- Different claims may need to be filed with different government agencies or courts
Different Statute of Limitations
Time limits for filing whistleblower complaints vary depending on the specific law and type of claim. The deadlines are as follows:
- Labor Code Section 1102.5 claims must be filed within 1 year of the retaliatory action
- FEHA claims generally must be filed with the California Civil Rights Division within 3 years
- Federal OSHA whistleblower complaints must be filed within thirty days of the purported retaliation; California OSHA whistleblower complaints must be filed within 180 days;
Collecting Evidence to Support Your Whistleblower Case
If you believe you are experiencing retaliation in the workplace, documenting everything from the moment you first report misconduct is helpful.
Examples of documents include:
- Written records of dates, times, witnesses, and specific incident details
- Email summaries of important conversations or meetings sent to yourself
- Your original complaint documenting the reported misconduct
- Personnel records showing changes in employment status after reporting
- Witness testimony from coworkers who observed retaliation or work performance
Proving Your Employer’s Retaliation
The timing between your report and the adverse employment action (i.e., termination, demotion, write-up) can be helpful evidence in retaliation claims. Courts often consider “temporal proximity.” This means how close in time the retaliation occurred after your report. Actions taken within days or weeks of your complaint create a stronger inference of a retaliatory act.
However, timing alone isn’t enough. Under California law, you must also prove that your whistleblowing activity was a substantial motivating factor in your employer’s decision. If your employer provides a purported “legitimate” non-retaliatory reason for terminating you can seek to demonstrate that their stated reason is a “cover-up” for retaliation, known as pretext.
Evidence of pretext includes:
- Inconsistent explanations for why you were fired or disciplined
- Sudden enforcement of minor rules after your complaint
- Treating you differently from coworkers in similar roles
- Documentation or emails showing intent to punish you for speaking up
- Supervisors expressing anger or frustration about your report
Administrative vs. Court Proceedings
If you face retaliation, such as a wrongful firing, you have multiple options to pursue a claim. Administrative proceedings are complaints handled by government agencies instead of the courts.
Agencies handle the investigation and can order your employer to fix the situation. This process is usually faster, costs less, and typically does not require a lawyer. Agencies can help you get your job back or recover lost pay.
If you take your case to court, you can ask for more types of compensation. This includes money for emotional pain, punitive damages to punish an employer’s bad behavior, and payment for your legal costs, and possibly attorneys’ fees. However, court cases usually take longer, and are generally more expensive
Compensation Available for Whistleblower Retaliation
The California Whistleblower Protection Act provides for financial compensation to employees who experience retaliation. The goal is to put you in the position you would have been in had the retaliation not occurred. Courts and agencies can order both monetary damages and fair relief.
Courts aim to calculate what you would have earned if retaliation hadn’t occurred. This typically includes back pay and front pay, depending on your situation.
What is back pay?
Back pay is the money you would have earned if your employer hadn’t taken illegal action against you. Back pay calculations include not just base salary but also:
- Overtime
- Bonuses
- Commissions
- Lost health insurance
- Lost retirement contributions
- Lost stock options
What is front pay?
Front pay is compensation awarded for future lost earnings when returning to your old job isn’t possible or reasonable. Front pay may be awarded based on factors like:
- Your age and expected working years
- The job market in your area
- Your qualifications, skills, and work history
- Efforts you’ve made to find a new job
- Whether returning to your old job is realistic
Punitive damages and attorney fees
Punitive damages are available when your employer acts with malice, fraud, or oppression. These damages punish gross conduct and deter future violations. The amount depends on your employer’s financial condition and the egregiousness of their conduct.
California whistleblower laws allow recovery of attorney’s fees and court costs from your employer if you win your case. This rule helps cover your legal fees if you win. It also levels the playing field against well-funded employers.
Consider Working With An Employment Attorney
Whistleblower cases involve complex legal standards and requirements and consulting with an employment lawyer can be very helpful. When choosing your lawyer, consider these factors:
- Specific experience with whistleblower retaliation cases versus general employment law
- Track record with cases similar to yours and approach to settlement versus trial
- Advice on choosing between administrative agencies and court proceedings
- Guidance on timing issues like internal versus external reporting
- Preparation for trial, even though most whistleblower cases settle
Attorneys can identify weaknesses in your case and suggest more evidence that might strengthen your claims. Consulting an attorney also helps you understand the strength of your case and potential outcomes. It is extremely valuable to start your case with an attorney by your side.
Contact AMG Law for Your Whistleblower Retaliation Case
Contact us to schedule a free and confidential consultation with one of our employment law attorneys. Let us help you hold your employer accountable for illegal retaliation and secure the justice you deserve. Your courage to report wrongdoing should be protected, not punished.