California Whistleblower Law

Whistleblowers are employees who recognize any type of unlawful or unethical behavior on the part of the employer, and inform the government or a law-enforcement agency. Under California state law, an employer is legally unable to retaliate against a whistleblower in any form. Employers have a responsibility to their staff to provide a fair and safe work environment, and employees are encouraged to report them if they fail to do so.

California’s Whistleblower Protection Act states that “…employees should be free to report waste, fraud, abuse of authority, violation of law or threat to the public without fear of retribution. The California Legislature further finds and declares that public servants best serve the citizenry when they can be candid and honest without reservation in conducting the people’s business.” Any adverse action that an employer takes including termination, demotion, threats and coercion is deemed unlawful.

Whistleblower retaliation has three primary elements:

1. Employer-Employee Relationship: The plaintiff was an employee of the employer.

2. Adverse Employment Action: The plaintiff was fired or experienced some other form of adverse treatment.

3. Protected Conduct: The employer’s protected conduct was a significant factor in their choice to act adversely.

A whistleblower is entitled to compensation for lost wages and benefits, punitive damages if the employer acted maliciously and reasonable recovery of his or her attorney’s fees. It is recommended that you, the employee, keep a detailed log of any of your employer’s actions that you believe to be illegal or unethical.