Whistleblower Retaliation

Whistleblowing in California: Understanding Your Right to Report Wrongdoing

Introduction: The Courage to Expose Wrongdoing

Being a whistleblower means bravely stepping forward to expose conduct within an organization that may be illegal, unethical, or harmful to the public interest or fellow employees. These courageous actions are vital for upholding the law, ensuring corporate accountability, and protecting community well-being. California law recognizes the importance of such disclosures and provides legal safeguards for individuals who report wrongdoing.

At Brightwood Law Group, PC, we deeply respect the integrity of whistleblowers. This page provides an overview of what whistleblowing entails in California, who is generally protected, the types of activities covered, and the foundational legal framework designed to encourage the reporting of misconduct.

What is Whistleblowing and Who is Generally Protected?

In California, a “whistleblower” is typically an employee (and in some cases, a former employee or job applicant) who discloses information they have reasonable cause to believe shows a violation of a local, state, or federal statute, rule, or regulation, or noncompliance with such rules by their employer or another employee.

Key aspects defining whistleblowing often include:

  • Reasonable Belief: You generally do not need to provide irrefutable proof that a law has been broken at the time of your report. Protections typically apply if you have a good faith, reasonable basis for believing that the conduct you are reporting is unlawful.
  • Internal or External Reporting: Whistleblowing protections often cover disclosures made: 
    • Internally within your company (e.g., to a supervisor, manager, Human Resources department, an internal compliance program, or an ethics hotline).
    • Externally to a government or law enforcement agency, or to a public body conducting an investigation, hearing, or inquiry.
  • Focus on Illegality or Noncompliance: The reported conduct generally involves a violation of, or noncompliance with, a local, state, or federal statute, rule, or regulation. (Lab. Code, § 1102.5, subd. (b).)

What Types of Activities and Disclosures Are Typically Covered?

Whistleblower laws are designed to protect the reporting of a wide array of suspected unlawful or improper activities. These can include, but are not limited to:

  • Financial Misconduct: Reporting suspected fraud, embezzlement, insider trading, violations of securities laws (e.g., SEC regulations), or fraudulent billing practices.
  • Violations of Workplace Health and Safety Laws: Alerting authorities or management to unsafe working conditions, lack of proper safety equipment, or other violations of Cal/OSHA regulations.
  • Environmental Hazards or Violations: Disclosing practices that violate environmental protection laws and regulations.
  • Unlawful Discrimination or Harassment: Reporting instances of discrimination or harassment based on protected characteristics like race, gender, age, disability, etc.
  • Violations of Patient Safety Laws: For employees in the healthcare sector, reporting conditions or practices that endanger patient safety or violate healthcare regulations.
  • Non-compliance with Government Contracts: Reporting fraud or illegality related to local, state, or federal government contracts.
  • Refusal to Participate in Illegal Acts: Objecting to or refusing to take part in any activity that would result in a violation of a local, state, or federal law, rule, or regulation.
  • Other Conduct Reasonably Believed to Violate Law or Regulation: The scope is broad, aiming to encourage transparency and adherence to the law.

Key California Laws Concerning Whistleblowing

While various specific statutes may apply depending on the nature of the reported misconduct, foundational California Labor Code sections include:

  • Labor Code § 1102.5: This is California’s primary whistleblower protection statute. It prohibits employers from adopting or enforcing any rule or policy that prevents an employee from disclosing information they reasonably believe shows a violation of law, and it prohibits retaliation against an employee for making such a disclosure to a government or law enforcement agency, to a person with authority over the employee, or to another employee with authority to investigate or correct the violation. It also protects employees who refuse to participate in an activity that would violate the law.
  • Labor Code § 98.6: This section prohibits employers from discharging, retaliating against, or taking any adverse action against an employee or job applicant for engaging in protected conduct, including filing a bona fide complaint or claim relating to rights under the jurisdiction of the Labor Commissioner, making a written or oral complaint about unpaid wages, or exercising other rights afforded to employees.


It’s important to understand that federal laws may also provide specific whistleblower protections depending on the industry and the nature of the reported misconduct.

Protection Against Whistleblower Retaliation

Retaliation can take many forms. Each of the following can be considered retaliation when taken because an employee blew the whistle:

  • Termination;
  • Demotion or suspension;
  • Harassment;
  • Other adverse employment actions affecting the terms and conditions of employment.

California law provides meaningful remedies for retaliation. Under Labor Code section 98.6, an employee who is discharged, demoted, suspended, or otherwise retaliated against for protected conduct is entitled to reinstatement and reimbursement for lost wages and work benefits, and if the employer takes action within 90 days of the protected activity, there is a rebuttable presumption in favor of the employee’s claim. (Lab. Code, § 98.6, subd. (b)(1).) Both section 98.6 and section 1102.5 also provide for civil penalties of up to $10,000 per employee for each violation, and a court may award reasonable attorney’s fees to an employee who successfully brings a claim under section 1102.5. (Lab. Code, §§ 98.6, subd. (b)(3), 1102.5, subds. (f), (j).)

If you have blown the whistle and believe you are facing retaliation or have been wrongfully terminated as a result, it is vital to understand your specific rights and options.

What to Do If You Have Been a Victim of Retaliation

If you have been the victim of whistleblower retaliation, it is crucial to consult with experienced attorneys who focus on employment law and understand the nuances of whistleblower protections, so that you can best protect your legal rights. At Brightwood Law Group, PC, we focus on helping victims of retaliation fight for their legal rights and obtain the justice they deserve. Strict deadlines may apply to retaliation claims, so it is important to act promptly.

Considering Reporting Wrongdoing or Facing Consequences for Speaking Out?

Understanding your rights as a whistleblower is a critical first step. Contact Brightwood Law Group, PC today for a confidential consultation. Our experienced employment attorneys can help you understand the legal landscape of whistleblowing and guide you on how to protect yourself. Call us at (310) 895-9075 or fill out our online contact form.

Retaliation for Reporting Harassment and Discrimination
Medical Leave Retaliation Law in California