Whistleblower Retaliation / Labor Code 1102.5

California law gives employees the right to report suspected illegal conduct without fear of losing their jobs. At Michael Yerzinkyan Law, we represent whistleblowers throughout Southern and Central California who have suffered retaliation for doing the right thing, and we work to hold employers fully accountable.

The centerpiece of California whistleblower protection is Labor Code section 1102.5. It prohibits an employer from retaliating against an employee for disclosing information to a government agency, to a person with authority over the employee, or to another employee who can investigate, when the worker has reasonable cause to believe the information shows a violation of a state or federal statute, rule, or regulation. The law also protects employees who refuse to participate in illegal activity, and it applies even if the employee reports the concern only internally. Since 2021, once an employee shows that protected whistleblowing was a contributing factor to an adverse action, the employer must prove by clear and convincing evidence that it would have taken the same action anyway, a demanding standard that favors workers. Our attorneys document the disclosure, the retaliation, and the connection between them.

Employees who prevail under Labor Code 1102.5 may recover a strong measure of damages, including reinstatement, lost wages and benefits (back pay and front pay), compensation for emotional distress, a civil penalty of up to $10,000 per violation, and attorney’s fees. Michael Yerzinkyan Law offers a free, confidential consultation to help you understand your rights and take action.