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California Labor Code Section 1102.5: The Whistleblower’s Protections for Raising Legal Violations

Whistleblowing might involve one or more employees who inform police or other law enforcement authorities about legal violations that an employer commits. An employer might retaliate against one or more employees for blowing the whistle. Aside from any criminal prosecution for the violations, the employer can be fined $10,000 for every act of retaliation related to the whistleblowing activity in accordance with California Labor Code section 1102.5.

Retaliation

In accordance with section 1102.5, retaliation is prohibited against an employee if he or she refuses to engage in behavior that is in violation of state or federal law. If the employee provides appropriate information when he or she reasonably believes that the conduct is against the law, retaliation is also prohibited. The employer is also prohibited from retaliating against family members of the whistleblower too.

Costs, Legal Fees and Reinstatement

California law permits a whistleblower to file a lawsuit against a current or former employer under section 1102.5. If the individual prevails in court, costs and legal fees can be awarded as part of the judgment. If the employment of a whistleblower is terminated because he or she lawfully reported a violation, the employer may be required to reinstate the employee at their job, pay for earnings lost and take other steps necessary to comply with an order of court.

If you have been threatened about or retaliated against for blowing the whistle on your employer, contact our offices to consult with an employment lawyer from our offices. We may be able to bring an 1102.5 action on your behalf.

Contact our California Labor and Employment Lawyers today.