Whistleblower Lawyers in Sacramento

It is natural to fear retaliatory action for whistleblowing. Indeed, many employees who oppose and report their employer’s illegal behavior experience workplace retaliation in the form of a hostile work environment, demotion, and even termination.

The good news is that there are state and federal laws that protect you against all forms of employer whistleblower retaliation. These laws include the following protections:

• Labor Code Section 1102.5 is California’s most general law prohibiting whistleblower retaliation. In particular, Labor Code 1102.5 prevents employers from retaliating against an employee for reporting or refusing to participate in unlawful conduct. Of note, California employees are still protected by Labor Code Section 1102.5 even if it turns out that the employer did not violate the law. All that matters is that the employee reasonably believes that a violation of law occurred.
• Labor Code Section 98.6 prohibits retaliation against an employee who has complained to his/her employer or filed a claim with the Labor Commissioner regarding the employee being owed unpaid wages.
• Labor Code Section 232 prohibits retaliation against an employee who discloses the amount of his or her wages. This section also forbids an employer to require an employee to sign a waiver of the right to disclose such information as a condition of employment.

• Labor Code Section 6310 prohibits retaliation against an employee who made an oral or written complaint to his/her employer or the California Division of Occupational Safety and Health (Cal OSHA) regarding health and safety in the workplace. Similar to Labor Code Section 1102.5, California employees are still protected by Labor Code Section 6310, even if it turns out that what the employee complained about was not unhealthy or unsafe. To be protected, the employee need only have a reasonable good faith belief in the existence of an unhealthy or unsafe working conditions and/or practices.
• Labor Code Section 8547 prohibits retaliation against California public employees who report any of the following: 1) violation of law, regulations, executive orders or court orders; 2) any condition that may threaten the health or safety of employees or the public; and/or 3) Government activity that is economically wasteful or involves gross misconduct, incompetency or inefficiency. Of note, Labor Code Section 8547 claims must be filed with the California State Personnel Board.

If you are the victim of whistleblower retaliation, you can file a lawsuit against your employer to get compensated for your losses. Even if it turns out that you were wrong about your employer and they didn’t actually break the law, you are still entitled to whistleblower protection for reasonably believing they committed an illegal act.