California Whistleblower Claims: Protecting Employees from Retaliation
California law provides robust protections for whistleblowers, allowing employees to report illegal, unethical, or unsafe practices without fear of retaliation. Whether the wrongdoing involves fraud, workplace discrimination, safety violations, environmental harm, or other unlawful activities, California law ensures that employees can stand up for what is right and hold employers accountable.
At LCK Law, we specialize in helping employees who have suffered retaliation after reporting workplace misconduct. We handle a wide range of whistleblower claims under key California statutes, including Labor Code Section 1102.5, Labor Code Section 98.6, and the Fair Employment and Housing Act (FEHA).
- California Labor Code Section 1102.5: This law protects employees who report violations of law or unsafe practices to government agencies, law enforcement, or even internally within their organization. If you have been retaliated against for whistleblowing under this statute, you may be entitled to damages for wrongful termination, harassment, or other adverse actions.
- California Labor Code Section 98.6: This section prohibits retaliation against employees who file complaints or participate in investigations related to their rights under California labor laws. Employees who report wage violations, discrimination, or other unlawful practices are protected from retaliation under this law.
- Fair Employment and Housing Act (FEHA): FEHA protects against retaliation for employees who report workplace discrimination, harassment, or violations of state employment laws. Employees who blow the whistle on violations related to race, gender, age, disability, sexual orientation, or other protected categories are safeguarded by FEHA.
Below you will find a more detailed description of each of these claims.
California 1102.5 Retaliation Claims
In California, Labor Code Section 1102.5 provides strong protections for employees who report illegal activities or violations of law in the workplace. If you have been retaliated against for whistleblowing or reporting misconduct, you may have a valid claim under this law. Retaliation for reporting violations of California law or federal law is illegal, and employees who experience retaliation are entitled to seek justice and compensation for their damages.
At LCK Law, we are dedicated to defending the rights of employees who have suffered retaliation under California Labor Code Section 1102.5. We are here to help you understand your rights and take legal action if your employer has wrongfully retaliated against you for reporting illegal conduct.
What is Retaliation Under California Labor Code Section 1102.5?
California Labor Code Section 1102.5 protects employees who engage in “whistleblowing” by reporting unlawful conduct. Specifically, it prohibits employers from retaliating against employees who:
- Disclose or threaten to disclose illegal activities (such as violations of laws, rules, or regulations) that they reasonably believe are occurring at their workplace
- Refuse to participate in illegal activities or report illegal acts that they are asked to carry out by their employer
- File complaints or testify about workplace safety violations, wage and hour violations, fraud, environmental violations, discrimination, harassment, or other unlawful conduct
Retaliation can take many forms, including wrongful termination, demotion, pay cuts, or other adverse actions taken against the employee for their whistleblowing actions.
Examples of Retaliation Under California 1102.5
Retaliation may occur when an employer punishes an employee for engaging in legally protected activities such as reporting wrongdoing. Common examples of retaliation include:
- Termination or firing of an employee after they report illegal conduct, such as violations of workplace safety standards, wage theft, or environmental regulations
- Demotion or reassignment to a less favorable position after an employee reports fraud, discrimination, or other unlawful practices
- Reduction in pay, benefits, or work hours following a whistleblowing report
- Unwarranted disciplinary action or performance reviews that are used to penalize the employee for reporting wrongdoing
- Exclusion from promotions or opportunities because of the employee’s whistleblowing activities
- Hostile work environment created by supervisors or coworkers as a result of the employee’s whistleblowing actions
What Protections Does Labor Code 1102.5 Offer?
Labor Code Section 1102.5 provides a robust set of protections for employees who report illegal conduct in good faith. These protections include:
- Protection from retaliation for reporting suspected violations of law, including violations of local, state, or federal laws, regulations, or rules
- Legal remedies for those who experience retaliation, including compensation for lost wages, emotional distress, and potential punitive damages
- The right to report violations confidentially, knowing that your employer cannot punish you for blowing the whistle on illegal activities
- Protection for employees who refuse to participate in illegal conduct or report illegal acts, even if the illegal act is directed by a supervisor or manager
How We Can Help
At LCK Law, we understand how difficult it can be to stand up against unlawful conduct in the workplace, and we are committed to protecting employees who face retaliation under California Labor Code Section 1102.5. If you have been retaliated against for reporting illegal activities, filing complaints, or refusing to participate in unlawful conduct, we can help.
Our firm has extensive experience handling retaliation claims and will work closely with you to:
- Investigate the facts of your case and gather the necessary evidence to support your claim
- Advise you on your legal options and the potential outcomes of your retaliation claim
- Secure a settlement to recover damages, including back pay, emotional distress, and other compensation for the harm caused by retaliation
California’s 1102.5 retaliation protections are in place to ensure that employees can report misconduct without fear of retaliation. If you have been penalized for whistleblowing or reporting illegal activities in your workplace, you have the right to hold your employer accountable.
Contact LCK Law today for a confidential consultation. Let us help you take action and protect your rights under California Labor Code Section 1102.5.
California Labor Code 98.6 Retaliation Claims
California Labor Code Section 98.6 provides strong protections for employees who engage in certain protected activities, particularly those who assert their rights under the California Labor Code. Specifically, it prohibits retaliation against employees for filing wage claims, reporting wage theft, or asserting other legal rights related to their employment. If you have faced adverse actions such as termination, demotion, or other forms of retaliation after asserting your legal rights, you may have a claim under Labor Code Section 98.6.
At LCK Law, we are dedicated to protecting the rights of employees who have suffered retaliation under California Labor Code Section 98.6. Our experienced employment law attorneys can help you understand your legal options and take action against employers who retaliate against employees for asserting their rights to fair wages and working conditions.
What is Retaliation Under California Labor Code Section 98.6?
California Labor Code Section 98.6 makes it illegal for an employer to retaliate against an employee who engages in any of the following protected activities:
- Requesting payment of unpaid wages or asserting other legal rights related to compensation, including minimum wage, overtime, or meal and rest breaks
- Filing a wage claim with the California Division of Labor Standards Enforcement (DLSE) or any other governmental agency regarding unpaid wages, overtime, or other labor violations
- Reporting wage theft or labor violations to government agencies, such as the DLSE or the U.S. Department of Labor
- Participating in an investigation or testifying in a legal proceeding related to labor law violations or wage claims
- Opposing unlawful pay practices or participating in a class action lawsuit regarding wage theft or other labor law violations
In short, if you take any action to assert your legal rights regarding fair pay or employment practices, Labor Code Section 98.6 ensures that you are protected from retaliation by your employer.
Examples of Retaliation Under Labor Code 98.6
Employers are prohibited from retaliating against employees who assert their rights under California labor laws. Examples of retaliation can include:
- Wrongful termination after an employee files a wage claim or reports unpaid wages or other violations
- Demotion or reassignment to a less favorable position after an employee complains about wage theft, misclassification, or unpaid overtime
- Reduction in pay, work hours, or benefits after an employee asserts their rights under the Labor Code or files a complaint with the DLSE
- Unwarranted disciplinary actions or negative performance reviews following an employee’s participation in a wage claim or other legal proceedings
- Exclusion from job opportunities such as promotions, raises, or special projects because the employee reported wage violations or participated in an investigation
- Harassment, intimidation, or threats directed at the employee to discourage them from pursuing claims or reporting illegal practices
- Refusal to rehire or blocking reemployment after an employee has filed a wage claim or complained about wage theft
If you have experienced any of these retaliatory actions after asserting your rights to fair wages, compensation, or working conditions, you may have grounds for a retaliation claim under Labor Code Section 98.6.
Protections Under California Labor Code Section 98.6
Labor Code Section 98.6 provides a broad set of protections for employees who engage in whistleblowing or assert their rights. These protections include:
- Protection from retaliation for filing wage claims, reporting violations, or participating in investigations or legal proceedings related to wage and hour laws
- The right to compensation for lost wages, emotional distress, and other damages resulting from retaliation
- Reinstatement to your position if you were wrongfully terminated or retaliated against for asserting your legal rights
California law ensures that employees can assert their rights without the fear of losing their job, pay, or career advancement opportunities. If you have faced retaliation for reporting wage violations or asserting your legal rights, you have the right to seek justice and hold your employer accountable.
How We Can Help
At LCK Law, we are committed to defending employees against retaliation and ensuring they are not penalized for standing up for their rights. If you have experienced retaliation under California Labor Code Section 98.6, we can help you navigate the legal process and fight for the compensation and remedies you deserve.
We will work closely with you to:
- Investigate your case and gather evidence of retaliation
- Seek back pay, emotional distress damages, and other compensation for the harm caused by retaliation
- Ensure that your legal rights are protected and that you are not penalized for asserting your rights to fair pay and working conditions
California law provides strong protections for employees who face retaliation for asserting their rights. If you have been subjected to retaliation under Labor Code Section 98.6, we are here to help you take action and hold your employer accountable.
Contact LCK Law today for a confidential consultation. Let us help you fight for the justice you deserve.
FEHA Retaliation Claims in California
The Fair Employment and Housing Act (FEHA) is a vital California law that protects employees from discrimination, harassment, and retaliation in the workplace. FEHA prohibits employers from retaliating against employees who assert their rights under the law, including those who report unlawful discrimination, participate in investigations or legal proceedings, or request reasonable accommodations for disabilities or religious beliefs.
If you have experienced retaliation for opposing unlawful practices, reporting discrimination, or asserting your rights under FEHA, you may be entitled to seek legal redress. Retaliation can take many forms, including wrongful termination, demotion, reduction in hours, denial of promotions, harassment, or any other adverse action that harms an employee’s career or work environment.
Protected activities under FEHA include:
- Reporting workplace discrimination or harassment based on race, gender, age, disability, religion, sexual orientation, and other protected characteristics.
- Participating in investigations or legal actions related to discrimination, harassment, or unfair treatment.
- Requesting reasonable accommodations for a disability or religious practice.
- Filing a complaint with a government agency, such as the California Department of Fair Employment and Housing (DFEH).
If your employer has retaliated against you for engaging in any of these protected activities, you may have grounds for a FEHA retaliation claim. Retaliation not only violates your rights but also sends a harmful message that could deter others from speaking out about discrimination or harassment.
At LCK Law, we are dedicated to helping individuals who have been retaliated against for asserting their rights under FEHA. Our firm has extensive experience in navigating these complex claims and are committed to helping you seek justice. If you believe you have been retaliated against for reporting discrimination or engaging in protected activities, contact us today for a consultation to discuss your case and explore your legal options.