California Retaliation Law

The California employee retaliation law, primarily governed by the California Labor Code sections 98.6 and 1102.5 and is designed to protect employees from adverse actions by their employer in response to certain protected activities or rights.

Here are the protections offered:

1. Whistleblower Protections:
   Employees who report illegal activities, violations of law, or workplace safety issues are protected. This includes reporting to government agencies or within the company. Section 1102.5 of the California Labor Code explicitly forbids retaliatory actions against employees for disclosing information about employer misconduct to a government or law enforcement agency.
2. Complaints About Wages and Hours:
   Workers are protected when they complain about not being paid correctly, including issues related to minimum wage, overtime, breaks, or other labor standards. This is covered under Section 98.6 of the Labor Code.
3. Participation in Investigations or Lawsuits:
   Employees cannot be retaliated against for participating in any investigation or lawsuit related to labor law violations or workplace discrimination.
4. Exercising Rights Under Workplace Safety Laws:
   If an employee reports unsafe working conditions or refuses unsafe work under the California Occupational Safety and Health Act (Cal/OSHA), they are safeguarded from retaliation.
5. Discrimination and Harassment Complaints:
   Protections extend to employees who file complaints about discrimination (based on race, gender, age, disability, etc.) or sexual harassment under the Fair Employment and Housing Act (FEHA).
6. Medical and Disability Leave:
   Employees who request or take leave under the Family Rights Act (CFRA), Pregnancy Disability Leave, or other medical leaves are protected from retaliation for exercising these rights.
7. Political Activities or Affiliations:
   California law also protects employees against retaliation for their political activities or affiliations outside of work, as long as these do not interfere with job performance.
8. Jury Duty or Court Appearances:
   Employees are protected when they take time off for jury duty or to appear in court as a witness or litigant.

Types of Retaliation

Retaliation can include:

• Demotion
• Denial of promotion
• Harassment
• Reduction in pay or hours
• Termination
• Negative performance reviews
• Blacklisting

Legal Remedies: If retaliation occurs, employees can file a complaint with the California Department of Labor Standards Enforcement or the California Department of Fair Employment and Housing, or they can pursue private legal action. Remedies might include reinstatement, back pay, punitive damages, and attorney fees.

These laws are meant to ensure that employees can work in an environment where they feel safe to voice concerns or assert their rights without fear of reprisal.

However, proving retaliation can be complex, as employers might retaliate in subtle ways or claim other reasons for their actions.

Documenting incidents and seeking a consultation with an employment lawyer is advisable for victims of retaliation.

We can help. If you believe your employer has violated your rights by retaliating against you for whistleblowing, call us at 1-888-924-3435 or fill out the form.