Pasadena Whistleblower Retaliation Lawyer

California Law Prohibits Whistleblower Retaliation

California Labor Code section 1102.5 is the key whistleblower protection statute in California. It prohibits an employer, or anyone acting on the employer’s behalf, from retaliating against an employee who:

• Discloses information the employee reasonably believes shows a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. Protected disclosures include reports to a government or law enforcement agency, to a person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation.
• Refuses to participate in an activity that would result in a violation of a statute, rule, or regulation.
• Is believed to have blown the whistle or is expected to. The statute prohibits retaliation based on the employer’s belief that the employee disclosed or may disclose information, meaning an employee can be protected even before making a report.
• Is a family member of a whistleblower. An employer may not retaliate against an employee because a family member engaged in protected activity.

Notably, an employee who reports conduct they “reasonably believe” constitutes a legal violation is protected even if it later turns out the employer did not break the law. The protection also applies regardless of whether reporting is part of the employee’s job. On the latter point, this means that compliance officers, safety personnel, and human resources employees are covered when they raise violations, even though doing so is part of their job.

In addition to Labor Code 1102.5, there are various other statutes that protect employees from retaliation depending on what they report: Labor Code section 98.6 (wage complaints), Labor Code section 6310 (workplace safety complaints), Health and Safety Code section 1278.5 (healthcare workers reporting unsafe patient care), and federal statutes such as the Sarbanes-Oxley Act and False Claims Act.

For a deeper discussion of this statute, its recent amendments, and the case law interpreting it, see our article on whistleblower retaliation and Labor Code section 1102.5.

What Counts as Retaliation?

Retaliation is any adverse employment action your employer takes because you engaged in protected activity. In the cases we see, the actions below typically occur shortly after an employee complains:

• Termination or forced resignation
• Selection for a layoff for reasons that don’t add up
• Write-ups or negative performance evaluations
• Exclusion from meetings, projects, or key discussions
• Hostility or sudden hyper-scrutiny of your work

Employers rarely admit that an employee is being fired because they complained about a legal violation. Instead, employers claim it was due to performance, corporate restructuring, or budget cuts. However, the timing of the adverse employment actions, along with other key factors (performance pre-complaint, company health, evaluation of other individuals impacted, witness statements), often reveals the employer’s true intent.

If your treatment at work shifted after you reported a violation, the timing, along with other factors, matters legally. Our whistleblower retaliation lawyer can evaluate these factors to determine the strength of your retaliation claim and your legal options.

The Burden of Proof Is Lower in Whistleblower Retaliation Cases

For claims under Labor Code section 1102.5, the statute at the heart of most whistleblower retaliation cases, the burden of proof is easier to meet compared to other common employment law claims. Specifically, for many employment causes of action, the employee must prove that the unlawful motive was a substantial motivating reason for the adverse employment action. This means that the reason must be “more than a remote or trivial reason.”

However, under Labor Code section 1102.6, an employee only needs to show that the whistleblowing was a “contributing factor” in the adverse employment action. The California Civil Jury Instructions on the essential elements of whistleblower protection explain what this means: “A ‘contributing factor’ is any factor, which alone or in connection with other factors, tends to affect the outcome of a decision. A contributing factor can be proved even when other legitimate factors also contributed to the employer’s decision.” In other words, it does not have to be the main reason, or even a substantial one.

Once the employee makes a showing of that contributing factor, the burden shifts to the employer to prove by “clear and convincing evidence” that it would have made the same decision for legitimate, independent reasons even if the employee had never blown the whistle. This is a demanding standard for employers, and it impacts every important milestone in the case: settlement discussions, summary judgment, and trial. An experienced whistleblower retaliation lawyer knows what evidence to look for and/or elicit from employers in a deposition to effectively kill any evidence showing they would have made the same decision.

Not every whistleblower statute uses this framework. Many have their own standards, several of which also favor employees. For example, employees who report wage violations at work benefit from a rebuttable presumption of retaliation when the adverse employment action occurs within 90 days of their complaint. (Labor Code § 98.6).

What Damages Can You Recover for Whistleblower Retaliation?

An employee who prevails on a whistleblower retaliation claim may recover:

• Lost wages and benefits, including back pay and future lost earnings
• Emotional distress damages for the anxiety, humiliation, and harm to reputation that retaliation causes
• Punitive damages where the employer acted with malice, oppression, or fraud
• Attorney’s fees to an employee who brings a successful action under the statute and the fee provision is one-way: a prevailing employee may recover fees, but a prevailing employer may not unless they can show the lawsuit was frivolous

An employee who pursues their claims through the Labor Commissioner’s office may also be awarded up to $10,000 for having suffered retaliation. Reinstatement is also available in appropriate cases.

Deadlines to File a Whistleblower Retaliation Claim

A civil lawsuit under Labor Code section 1102.5 generally must be filed within three years. A complaint with the Labor Commissioner must be filed within one year, and some related claims (particularly federal ones) carry even shorter deadlines. For these reasons, it’s important not to delay if you believe you have a whistleblower retaliation claim.

Also, evidence gets deleted or lost, witnesses move, and memories fade. To put your case in the best position, you should act quickly and keep copies of your complaint, any response by the employer, and any evidence showing adverse actions against you (performance evaluations before and after the complaint, emails commending you and then criticizing your work after you complain, text messages from colleagues acknowledging the manager’s shift in tone, etc.).

Lastly, do not sign a severance agreement, release of claims, or acknowledgment without legal advice because these documents can significantly impact your ability to take legal action. The earlier a whistleblower retaliation lawyer is involved in your case, the more likely you are to obtain a favorable result.

Frequently Asked Questions

• How much does a whistleblower retaliation lawyer cost?
  • We offer free, confidential consultations, and we handle whistleblower retaliation cases on a contingency fee basis. A contingency fee basis means you pay no attorney’s fees unless we recover compensation for you. California law also allows courts to order the employer to pay a prevailing employee’s attorney’s fees and costs. This means that if your case goes to trial and we prevail, the employer will likely be ordered to pay fees and costs on top of the jury award. 

• How do I know if I have a whistleblower retaliation case?
  • Answer the following questions: (1) did you report conduct you reasonably believed was illegal, or refuse to participate in that conduct; (2) did your employer take an adverse employment action against you (termination, demotion, discipline, or other meaningful and negative change to your job); and (3) is there a connection between the two (often shown by timing, shifting explanations, hostile comments, or circumstances that do not make sense). If you answered yes to the first two questions, you should contact an attorney to evaluate the third. 

• Should I talk to a lawyer before I report misconduct?
  • Ideally, yes. An experienced whistleblower retaliation lawyer can help you articulate your complaint clearly, ensure it is directed to the appropriate individuals, and advise you on how to document your complaint and preserve the evidence. 

• I wasn’t fired, I was disciplined and demoted. Do I still have a claim?
  • Potentially, yes. Retaliation isn’t limited to termination. Demotions, pay cuts, hostile treatment, and materially worse assignments can all qualify as adverse actions. However, and maybe more importantly, your employer may be laying the groundwork for your eventual termination. This is a good time to contact a whistleblower retaliation lawyer because they can help you document additional adverse actions and will be prepared if or when you are terminated. 

• What if my employer says I was let go for performance?
  • This (and restructuring) is the defense in nearly every retaliation case. The employer’s explanation doesn’t win the day in court. What matters is the evidence: your performance record before you complained as compared to after, the timing of any discipline or scrutiny, whether the employer followed its own disciplinary process, and whether its explanations for the termination reason have changed over time. 

• How long do I have to file?
  • Generally, three years for a civil lawsuit under Labor Code section 1102.5, one year for a Labor Commissioner complaint, and even shorter deadlines for certain federal claims. Because the deadline depends on the laws that apply to your facts, the safest course of action is to have your case evaluated promptly.

Seek Help From A Pasadena Whistleblower Retaliation Lawyer

Riggins Law was founded by Christa Riggins, a Pasadena employment lawyer, Notre Dame Law School graduate, and published author on California employment and civil rights law, including in the Consumer Attorneys of California’s Forum magazine. Christa represents employees across Los Angeles County and regularly handles whistleblower retaliation cases.

When you hire Christa, your case is not handed off to a case manager or an associate; you work directly with Christa from the first consultation through trial. This allows Christa to learn your case cold, and that command of facts is how whistleblower retaliation cases are won.

If you were fired, demoted, or punished after reporting misconduct at work, contact our Pasadena whistleblower retaliation lawyer today at 626-365-1599.