An employee in California is given whistleblower protection if he or she reports or inquires into bona fide wage and hour violations to the Office of the Labor Commissioner at the California Department of Industrial Relations. Even restraining or suppressing the articulation of opinions about alternative work weeks is prohibited. It’s irrelevant under this statute whether any such complaints are written or oral, so long as the employee is owed unpaid wages. Retaliatory or discriminatory action by an employer might include but not be limited to the termination, harassment or demotion of the employee.
Complaints About Past Employers or Retaliation Against Relatives
The whistleblower protection under section 98.6 of the California Labor Code is even extended to employees who made complaints to the Office of the Labor Commissioner about previous employment with a different employer. Employees who are employees of relatives who work for the same employer as the whistleblower are also protected.
Penalties
If one or more employees are willfully discharged, threatened with discharge, demoted, suspended or otherwise retaliated or discriminated against for conduct contemplated by section 98.6, his or her employer shall be liable for a civil penalty of up to $10,000 per employee for each violation. Any such civil penalty is to be awarded to the employee or employees who were retaliated or discriminated against as a result of the violation. An employee who was wrongfully terminated from his or her employment for whistleblowing will also be entitled to reinstatement at his or her job and payment of lost wages.
If you believe that you are entitled to protection and damages under section 98.6 of the California Labor Code, contact us to consult with a knowledgeable and experienced California labor law attorney from our offices.
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