You discover something at work that you believe is illegal.
Maybe you report suspected fraud, wage violations, unsafe practices, or falsified records. Maybe your supervisor asks you to do something you believe would violate the law—and you refuse.
Then something changes.
Your performance suddenly becomes a problem. You are written up. Your responsibilities are reduced. Or you are fired.
California law protects employees from retaliation for certain kinds of whistleblowing. If your employer terminated you because you reported suspected unlawful conduct or refused to participate in it, you may have a claim for whistleblower retaliation or wrongful termination.
What Counts as Whistleblowing in California?
You do not have to report your employer to the government—or become a very public “whistleblower”—for California’s whistleblower protections to apply.
California Labor Code section 1102.5 protects certain employees who disclose information they reasonably believe shows a violation of federal, state, or local law or regulations. A protected disclosure can be made to a government or law-enforcement agency, but it can also be made inside the workplace to a supervisor or someone with authority to investigate or correct the suspected violation.
Depending on the circumstances, whistleblowing might involve reporting suspected:
- Fraud or falsification of records;
- Wage-and-hour violations;
- Workplace safety violations;
- Regulatory violations;
- Unlawful business practices; or
- Other violations of state, federal, or local law.
California law also protects employees who refuse to participate in conduct that would violate applicable laws or regulations.
And importantly, the protection can apply even when reporting potential violations is part of your job.
What if You Were Wrong?
You do not necessarily have to prove that the conduct you reported actually violated the law.
California’s whistleblower protections can apply when an employee has reasonable cause to believe that the information they disclosed reveals a legal or regulatory violation.
Suppose you discover a workplace practice that you reasonably believe is unlawful and report it to management. An investigation later determines that no violation occurred.
That does not necessarily mean your report was unprotected.
The question is not simply whether you turned out to be right. What you reasonably believed when you raised the concern can also matter.
What Can Whistleblower Retaliation Look Like?
Termination is one of the clearest examples of retaliation, but retaliation can begin before an employee is fired.
It can include actions such as demotion, suspension, reductions in pay or hours, or other negative changes in employment.
If you raised concerns about potentially unlawful conduct, consider what happened afterward:
- Did your performance reviews suddenly become negative?
- Were you written up for problems that had never previously been raised?
- Were your duties, hours, or responsibilities reduced?
- Were you excluded from meetings or communications?
- Were you told to stop raising the issue?
- Were you terminated shortly after making your report?
Timing alone does not prove retaliation. But the sequence of events can matter.
What if Your Employer Says You Were Fired for Another Reason?
Your employer may say your whistleblowing had nothing to do with your termination.
Maybe you were fired for poor performance. Perhaps the company says there was a restructuring. Maybe you were accused of insubordination or misconduct.
Sometimes those explanations are legitimate.
But compare the explanation with the evidence.
What did your performance reviews look like before you raised the concern? When did the alleged performance problems begin? Did the employer’s explanation change? Were workplace rules applied consistently?
The fact that an employer can identify another reason for a termination does not necessarily end the inquiry. The relationship between your whistleblowing and the decision to fire you may still matter.
What Should You Do if You Believe You Were Fired for Whistleblowing?
Start by preserving the evidence you are legally entitled to keep.
That may include:
- Emails, texts, or messages in which you raised concerns;
- Internal complaints or reports;
- Responses from supervisors, Human Resources, or management;
- Records showing when management learned about your concerns;
- Performance reviews and disciplinary notices;
- Your termination or separation paperwork; and
- Communications showing changes in your treatment after you made the report.
It can also help to create a timeline.
What did you report? Who did you tell? When did you tell them? What happened next?
Write down important verbal conversations while they are still fresh, including who was present and what was said.
Do not take confidential company documents or other records you are not legally entitled to possess.
What Can You Do About Whistleblower Retaliation?
Employees who experience retaliation may have several legal options depending on the circumstances.
The California Labor Commissioner’s Office accepts complaints involving retaliation under laws within its jurisdiction. In most cases within that process, complaints must be filed within one year of the retaliatory act, although exceptions and other potential claims may have different deadlines.
Potential remedies for retaliation can include lost wages, reinstatement, removal of negative material from a personnel file, and other relief.
Because whistleblower cases can involve different statutes and filing requirements, do not assume that a particular deadline or procedure applies—or that you are out of time—without looking at the specific circumstances.
If you believe you were fired because you reported suspected unlawful conduct or refused to participate in it, an experienced Riverside, CA employment attorney can review what you reported, what happened afterward, and the employer’s explanation for terminating you to help determine whether your rights may have been violated.