Whistleblower retaliation occurs when an employer fires, demotes or punishes an employee because the employee opposed, exposed, or threatened to expose the company’s unlawful or illegal activities. Employees who report unlawful activity are protected against retaliation for making that report. An employer cannot take any adverse employment action (e.g. terminate, demote, reprimand, transfer to unfavorable position) against an employee because that employee reported its misconduct. Examples of an employer’s misconduct include, but are not limited to, tax evasion, workplace discrimination, violations of industry regulations, failure to provide meal and/or rest breaks, health and safety violations and failure to pay overtime wages. Even if it turns out that the employer did not engage in an illegal activity, the employee is still protected against retaliation for whistle blowing if that employee believed with reasonable certainty that the employer was breaking the law.
California whistleblower protections are set forth in California Labor Code §1102.5 and other CA laws.
The laws regarding whistleblower retaliation are complex. At Kletter Law, we are experienced lawyers who can assist you in evaluating your situation.
Contact us today for an in person consultation regarding your potential claim.
