Whistleblower Retaliation Attorney in Los Angeles, CA
California Labor Code § 1102.5 protects employees who disclose information to a government or law enforcement agency, a person with authority over the employee, or another employee with authority to investigate, when the employee has reasonable cause to believe the information discloses a violation of a state or federal law or regulation. It also protects employees who refuse to participate in activity they reasonably believe is illegal. This is broader than many people expect — reporting a concern to an internal manager or compliance department can qualify, not only reports to an outside agency.
Key Points
- The disclosure doesn't have to be made to an outside government agency — reporting to a supervisor or anyone with authority over the employee can qualify
- An employee only needs a reasonable, good-faith belief that a violation occurred — being right about the underlying violation is not required
- Refusing to participate in conduct reasonably believed to be illegal is separately protected, even without making an affirmative report
- Once the employee shows protected activity and an adverse action, California law shifts the burden to the employer to prove by clear and convincing evidence that it would have taken the same action anyway
Considerations
- Internal complaints, even informal ones, should ideally be put in writing (email, a complaint form) to create a record of when the disclosure happened
- Confidentiality or non-disclosure agreements generally cannot lawfully be used to prevent an employee from reporting suspected illegal conduct
- A whistleblower claim can run alongside other claims (discrimination, wrongful termination) when the same underlying facts support more than one legal theory
California Law Note
Labor Code § 1102.5(b) sets a clear-and-convincing-evidence standard for the employer once an employee establishes protected whistleblowing activity and a connection to an adverse action — a notably employee-favorable burden-shifting framework compared to many other employment claims.
Related Questions
How do I know if my termination was actually wrongful?
The most reliable way is a free case evaluation, where the specific facts — what was said, the timing relative to any complaint or leave request, how similar situations were handled for other employees — can be reviewed directly. Suspicious timing (termination shortly after a complaint, a leave request, or a disability disclosure), inconsistent or shifting reasons from the employer, and different treatment of similarly situated coworkers are common signs worth having reviewed.
View this answer on its own page →See more detail on our main site: Whistleblower →
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is general information, not legal advice, and does not create an attorney-client relationship.
Discuss Your Whistleblower Needs — Free
Free consultation. Employment cases are generally handled on a contingency fee basis — no fee unless we recover compensation for you; ask us for the specifics in writing.