Retaliation (Whistle Blower)

California has a significant number of laws that protect whistleblowers and outlaws’ retaliation. Some of them are as follows:

California Government Code §12940 (h) makes it unlawful for an employer or labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person, because the person opposed, protested, complained about, or testified regarding race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran, or military status discrimination or harassment. 

California Labor Code 1102.5 provides that an employer, or a person acting on behalf of an employer, cannot make rules to prevent an employee from disclosing unlawful activity. It makes it unlawful for an employer, or any person acting on behalf of an employer, from retaliating against an employee for disclosing any activity that an employee believes is unlawful. And it also makes it unlawful for any employer to retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.

California Government Code § 12945.8 (a)(1) makes it unlawful for any employer to discharge, retaliate or discriminate against an employee for taking time off work to serve on a jury, so long as the employee gives the employer reasonable notice before taking the time off. 

California Government Code § 12945.8 (a)(2) makes it unlawful for any employer to discharge, discrimination or retaliate against an employee, who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

California Government Code § 12945.8 (a)(3) makes it unlawful for any employer to discharge, discriminate against or retaliate against an employee, who is a victim, for taking time off from work to obtain or attempt to obtain any relief. Including, among other things, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

California Government Code § 12945.8 (a)(4) makes it unlawful for any employer to discharge, discriminate against or retaliate against an employee who is a victim or a family member of a victim for taking time off from work in order to attend judicial proceedings related to that crime. Including, but not limited to, any delinquency proceeding, a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding where the right of that person is an issue.

California Labor Code § 230.8   makes it unlawful for an employer who employs 25 or more employees, who work at the same location, from discharging or discriminating or against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed childcare provider, for taking off up to 40 hours each year, for the purpose of applicable child-related activities.

California Labor Code § 232 makes it unlawful for an employer to retaliate against an employee for disclosing their wages, refusing to sign a document that requires them not to disclose their wages, or requiring an employee not to disclose their wages as a condition of employment. 

California Labor Code § 232.5 makes it unlawful for an employer to retaliate against an employee for disclosing information about their working conditions. And prohibits an employer from requiring that an employee sign any document that is intended to deny the employee the right to disclose information about the employer’s working conditions or otherwise requiring as a condition of employment that an employee not disclose information about the employer’s working conditions.

California Labor Code § 233 (c)   makes it unlawful for an employer to deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5.

California Labor Code § 234   makes it unlawful for an employer to count a lawful sick leave as an absence that may lead to or result in discipline, discharge, demotion, or suspension.  

California Labor Code § 244   makes it unlawful for an employer to report, or threaten to report, the suspected citizenship, or immigration status, of an employee, a former employee, or their family members, to any federal, state or local agency.  

California Labor Code § 246.5 (c) (1) makes it unlawful for an employer to deny an employee the right to use accrued sick days, or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days.

California Labor Code § 432.6 prohibits conditioning employment or employment benefits on an employee’s or applicant’s waiver of the Labor Code or Fair Employment and Housing Act rights, forums, or procedures, and protects those who refuse to consent to such waivers from retaliation.

California Labor Code § 980 prohibits an employer from requesting that any employee (1) Provide a username or password to access personal social media; (2) Open or access personal social media in the employer’s presence; or (3) Disclose personal social media content, except if such disclosure is related to an investigation that is related to the employee.

California Labor Code § 1019 makes it unlawful for an employer, or any other person, or entity, to engage in, or to direct another person, or entity, to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under California’s Labor Code or protected by any local ordinance applicable to employees. 

California Labor Code § § 1030-1033 makes it unlawful for an employer to retaliate against an employee for exercising or attempting to exercise any right protected under the lactation accommodation law.

California Labor Code § 1101 makes it unlawful for an employer to make, adopt, or enforce any rule, regulation, or policy forbidding or preventing employees from engaging or participating in politics or becoming candidates for public office, or controlling, directing, or tending to control or direct the political activities or affiliations of employees.

California Labor Code § 1137 prohibits employers from taking or threatening adverse action against employees who decline employer-sponsored meetings or communications about political or religious matters. 

California Labor Code § 1139 prohibits employers from taking or threatening adverse action against employees who refuse to report to, or leave, an unsafe worksite affected by an emergency condition. It also protects employees’ access to mobile or communication devices for emergency help, safety assessment, or safety-related communication.

California Labor Code § 1198.3 makes it unlawful for an employer to retaliate against an employee for refusing to work more hours than permitted by the applicable Industrial Welfare Commission wage order.

California Labor Code § 1311.5 protects individuals from retaliation for filing Labor Code claims based on violations that occurred while they were minors, whether filed before or after adulthood.

California Labor Code § 1476 prohibits a fast-food restaurant operator from retaliating against an employee for participating in or providing testimony to any proceeding convened by the Fast-Food Council. 

California Labor Code § 1512 makes it unlawful for an employer to retaliate against an employee for taking a leave of absence for organ or bone marrow donation.

California Labor Code § 2929 Protects an employee from retaliation because garnishment of their wages has been threatened or because their wages have been subjected to garnishment for the payment of a judgment. 

California Labor Code § 6310 protects employees from retaliation for reporting unsafe working conditions, participating in safety-related proceedings, exercising occupational health and safety rights, serving on safety committees, reporting work-related fatalities, injuries, or illnesses, requesting injury or illness records, or exercising federal OSHA rights, except claims within workers’ compensation jurisdiction.

California Labor Code § 6311 protects employees from being laid off or discharged for refusing to perform work that violates labor or safety laws and creates a real or apparent hazard to themselves or their coworkers.

California Labor Code § 6399.70 protects an employee from retaliation for filing a complaint, instituting, causing to be instituted, testifying in, or preparing to testify in any proceeding under or relating to the Hazardous Substances Information and Training Act, or exercising on behalf of themselves or others any right to under the Act.

California Labor Code § 6403.5 protects employees from retaliation for refusing to lift, reposition, or transfer a patient when safety concerns exist or trained lift-team personnel or proper equipment are unavailable.

California Health and Safety Code §§ 1596.881 and 1596.882 protects employees from retaliation for good-faith complaints, proceedings, testimony, or refusal to perform work that would violate licensing laws after notifying the employer. 

California Unemployment Insurance Code § 1237 protects employees from retaliation for seeking information from the Employment Development Department ( EDD) about their rights, cooperating in EDD investigations, or testifying in related proceedings.

California Vehicle Code § 4854 Prohibits an employer, or a person acting on behalf of the employer, from retaliating against an employee for removing or disabling a tracking device’s monitoring capabilities, including vehicle location technology, outside of work hours.

If you believe that you have suffered retaliation, please contact the Law Offices of Ugo O. Asobie. Free Consultation. Retaliation cases are handled on contingency.