Table of Contents
- Key Takeaways
- Why Los Angeles Whistleblowers Choose Abramson Labor Group
- What Counts as Whistleblowing in California?
- Who Has Whistleblower Protection in California?
- Am I Protected If I Was Wrong About the Violation?
- What Does Whistleblower Retaliation Look Like?
- What Reasons Do Employers Give?
- How Do You Prove Whistleblower Retaliation?
- What Evidence Should You Keep?
- Hospital and Health Care Whistleblowers
- False Claims Act Retaliation: Reporting Fraud on Government Money
- SEC and Sarbanes-Oxley Whistleblowers
- What Can You Recover in a Whistleblower Case?
- How Long Do You Have to File?
- What Should You Look For in a Los Angeles Whistleblower Attorney?
- Whistleblower Cases Across Los Angeles County
- Frequently Asked Questions
- How much does a whistleblower lawyer cost in Los Angeles?
- Can I get a free consultation with a whistleblower attorney in Los Angeles?
- Is reporting to HR or my manager protected, or only reports to the government?
- Am I protected if reporting problems is part of my job?
- Can my employer fire me for refusing to do something illegal?
- Can a company policy stop me from reporting?
- Do I have to file with the Labor Commissioner before I sue?
- Can an NDA or confidentiality agreement stop me from reporting?
- Can I report anonymously?
- Is complaining about unfair treatment whistleblowing?
- Can I get in trouble for reporting?
- Can my employer retaliate against my family member?
- I work for a city or county. Am I covered?
- What does a whistleblower retaliation lawyer do?
- Is a whistleblower retaliation case the same as an SEC or qui tam reward claim?
- Can I sue my employer while I still work there?
- Talk to a Los Angeles Whistleblower Lawyer
A Los Angeles whistleblower lawyer at Abramson Labor Group represents employees who were fired, demoted, or punished after reporting something illegal at work. California protects workers who report a suspected violation of law to a government agency or to someone at work with authority to fix it (Labor Code 1102.5). A Labor Commissioner retaliation complaint has a one-year deadline (Labor Code 98.7(a)(1)). We work on contingency, and the case review is free.
Key Takeaways
- Reporting to a supervisor or HR can be protected, not only reports to the government (Labor Code 1102.5(b)).
- You do not have to prove the violation happened. You need reasonable cause to believe the information showed a violation of law (CACI No. 4603).
- Refusing to take part in something illegal is protected too (Labor Code 1102.5(c)).
- A report can be protected even if your employer already knew about the violation (Kolla’s, 2023).
- Once you show your report was a contributing factor, your employer must prove by clear and convincing evidence that it would have acted anyway (Labor Code 1102.6).
- An employer can owe a civil penalty of up to $10,000 per employee for each violation, paid to the employee, plus attorney’s fees (Labor Code 1102.5(f)(1), (j)).
Why Los Angeles Whistleblowers Choose Abramson Labor Group
- A documented whistleblower result. Our published case results include $1.7 million for a client who was retaliated against for his whistleblower complaint. Every case is different. Past results do not guarantee a similar outcome.
- Employees only. We represent workers, never employers.
- 4.5 stars across more than 2,000 Google reviews (as of November 2026).
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. from Loyola Law School.
- Close to home. Our office is in Burbank, and we take cases across Los Angeles County. Help is available in English and Spanish, with intake also in Armenian.
What Counts as Whistleblowing in California?
Whistleblowing means reporting conduct you reasonably believe breaks a federal, state, or local law, rule, or regulation. Labor Code 1102.5 covers reports to a government or law enforcement agency, to a person with authority over you, or to another employee who can investigate or correct the problem. It also covers testimony before a public body. The protection applies “regardless of whether disclosing the information is part of the employee’s job duties” (Labor Code 1102.5).
| What you did | Law that protects it |
|---|---|
| Reported a suspected violation of law to an agency, a supervisor, or someone who can investigate it | Labor Code 1102.5(b) |
| Refused to take part in an activity that would violate a law or regulation | Labor Code 1102.5(c) |
| Complained about unpaid wages or filed a wage claim | Labor Code 98.6(a) |
| Reported unsafe working conditions | Labor Code 6310 |
| Reported unsafe patient care or conditions at a hospital or other health facility | Health and Safety Code 1278.5 |
| Acted to stop fraud on state or local government money | Government Code 12653 |
| Complained about discrimination or harassment | Government Code 12940(h) |
Your employer also cannot punish you because it believes you made a report or may make one (Labor Code 1102.5(b)). A company rule or policy cannot stop you from reporting a suspected violation to the government or to someone at work who can act on it (Labor Code 1102.5(a)).
It does not matter that your boss already knew. In People ex rel. Garcia-Brower v. Kolla’s, Inc. (2023), the California Supreme Court held that a protected disclosure includes reports made to an employer or agency “even if the recipient already knows of the violation.” That case began when a bartender complained to the owner about unpaid shifts and was fired. A complaint to your own employer about unpaid wages can be a protected report.
Who Has Whistleblower Protection in California?
The law covers private-sector and public employees. For these sections, “employee” includes people who work for the state, a county or city, a school or community college district, and the University of California (Labor Code 1106). The law also protects you for whistleblowing you did at a former job (Labor Code 1102.5(d)). An employer cannot retaliate against your family member because you reported, or because it thinks you did (Labor Code 1102.5(h)).
State employees also have the California Whistleblower Protection Act. A complaint to the State Personnel Board is due within 12 months of the most recent act of reprisal, and it generally must come before a damages lawsuit (Gov. Code 8547.8).
Am I Protected If I Was Wrong About the Violation?
Often, yes. California’s jury instruction for whistleblower claims asks whether you had reasonable cause to believe the information disclosed a violation of law (CACI No. 4603). The question is whether your belief was reasonable when you reported, not whether an agency later found a violation. Write down what you saw and why it worried you while the details are fresh.
What Does Whistleblower Retaliation Look Like?
Retaliation is any adverse action taken because you reported. It is not always a firing. Common examples include:
- Termination, demotion, or suspension soon after a report
- Cut hours, worse shifts, or a transfer to a less desirable job
- A sudden run of write-ups or poor reviews after years of good ones
- Being left out of meetings, projects, or promotions
- Becoming the target of an investigation right after you raised the problem
- Conditions so bad you felt forced to quit, which can count as a firing (see constructive discharge in California)
- A former employer lying to keep you from getting a new job, which is a crime in California (Labor Code 1050)
Timing matters. When the punishment follows soon after the report, that sequence is often the starting point of the case. For a wage complaint, punishment within 90 days creates a rebuttable presumption of retaliation (Labor Code 98.6(b)(1)). Read more about what counts as retaliation under California law.
What Reasons Do Employers Give?
Employers rarely admit retaliation. They usually point to another reason, such as:
- Poor performance that no one raised before the report
- A layoff, restructuring, or eliminated position
- A policy violation that others commit without discipline
- Attitude, teamwork, or “fit” concerns that appear after the report
The law makes that defense harder than in most job cases. Once you show your report was a contributing factor, your employer must prove by clear and convincing evidence that it would have made the same decision anyway (Labor Code 1102.6). Reviews, emails, and discipline records from before your report often decide whether the stated reason holds up.
How Do You Prove Whistleblower Retaliation?
California uses a two-step test for Labor Code 1102.5 claims. First, you show by a preponderance of the evidence that your protected activity was a contributing factor in the decision. Then the burden shifts to the employer. It must prove by clear and convincing evidence that it would have taken the same action for legitimate, independent reasons (Labor Code 1102.6). The California Supreme Court confirmed that this framework governs these claims in Lawson v. PPG Architectural Finishes, Inc. (2022).
The jury instruction lists the elements (CACI No. 4603):
- The defendant was your employer.
- You disclosed information, or your employer believed you did or might, or you refused to take part in an illegal activity.
- You had reasonable cause to believe the information disclosed a violation of law.
- Your employer fired you or took another adverse action.
- Your protected activity was a contributing factor in that action.
- You were harmed, and the employer’s conduct was a substantial factor in causing the harm.
What Evidence Should You Keep?
- A copy of your report, or notes of when, how, and to whom you reported
- Emails or messages that show the employer knew about your report
- Performance reviews from before and after the report
- The write-ups, schedule changes, or termination notice that followed
- Names of coworkers who saw what happened
If you have not reported yet, a short written report sent by email creates a dated record of what you raised and when. Keep only records you are lawfully entitled to keep, and do not take confidential company files. Our guide on documenting workplace misconduct covers what to save.
Hospital and Health Care Whistleblowers
Health care workers have an added law. A health facility cannot retaliate against an employee, a member of the medical staff, or another health care worker for reporting suspected unsafe patient care or conditions to the facility or a government entity (Health and Safety Code 1278.5). If the facility acts against an employee within 120 days of the grievance or complaint, the law presumes retaliation, though the facility can try to rebut it. An employee can recover reinstatement and lost wages and benefits, and the facility faces a civil penalty of up to $25,000.
False Claims Act Retaliation: Reporting Fraud on Government Money
If you tried to stop fraud on state or local government funds, the California False Claims Act protects you from discharge, demotion, suspension, threats, and harassment (Government Code 12653). Relief includes reinstatement with the same seniority, two times back pay plus interest, special damages, punitive damages where appropriate, and attorney’s fees. You must sue within three years after the retaliation. This page covers retaliation against employees. Government reward programs for reporting fraud follow separate rules.
SEC and Sarbanes-Oxley Whistleblowers
Federal securities laws add their own protections. Sarbanes-Oxley covers employees of companies with securities registered with the SEC, and it protects reports to a federal agency, Congress, or a supervisor (18 U.S.C. 1514A(a)). A Sarbanes-Oxley retaliation complaint is due within 180 days after the violation, or after you became aware of it (18 U.S.C. 1514A(b)(2)(D)).
Dodd-Frank protects people who report a securities violation to the SEC. The U.S. Supreme Court held that this protection does not cover someone who reported only inside the company (Digital Realty Trust, Inc. v. Somers (2018)). Relief includes reinstatement, two times back pay with interest, and attorney’s fees (15 U.S.C. 78u-6(h)(1)(C)).
SEC whistleblower awards are separate from a retaliation case. When an SEC action results in sanctions over $1 million, an eligible whistleblower can receive 10 to 30 percent of what is collected. A whistleblower who claims an award anonymously must have a lawyer (15 U.S.C. 78u-6).
What Can You Recover in a Whistleblower Case?
| Remedy | Where it comes from |
|---|---|
| Lost wages, emotional distress, and other damages caused by the retaliation | Your claims in court, based on the facts |
| Civil penalty of up to $10,000 per employee for each violation, awarded to the employee | Labor Code 1102.5(f)(1) |
| Reasonable attorney’s fees if you win | Labor Code 1102.5(j) |
| Up to $10,000 penalty per employee for each wage-complaint retaliation violation | Labor Code 98.6(b)(3) |
| Reinstatement and lost wages for safety complaints | Labor Code 6310(b) |
| Two times back pay plus interest, special and punitive damages, for False Claims Act retaliation | Government Code 12653(b) |
| Reinstatement, two times back pay plus interest, special damages, and fees for retaliation over fraud on federal money | Federal False Claims Act, 31 U.S.C. 3730(h) |
| Punitive damages | Only with clear and convincing proof of oppression, fraud, or malice (Civil Code 3294) |
No official average exists for whistleblower settlements. Value depends on lost pay, the harm to your career and health, and the strength of the evidence. Our article on the average retaliation settlement explains the factors that often drive value.
How Long Do You Have to File?
The deadline depends on which law applies. You must file a retaliation complaint with the Labor Commissioner within one year (Labor Code 98.7(a)(1)). Going to court on those claims does not require that process first (Labor Code 98.7(g)). You must file a California False Claims Act retaliation lawsuit within three years after the retaliation (Government Code 12653(c)). The federal False Claims Act sets the same three-year limit (31 U.S.C. 3730(h)(3)). If your report was about discrimination or harassment, you generally have three years to file with the Civil Rights Department (Gov. Code 12960(e)(5)). Other claims have their own deadlines, so get advice early.
If you were fired for reporting, you may also have a claim for wrongful termination in violation of public policy, which is generally due within two years (CCP 335.1). Federal securities claims run on their own clocks. A Sarbanes-Oxley complaint is due within 180 days. A Dodd-Frank retaliation suit has a six-year limit, a three-year limit that starts when you knew or should have known the key facts, and an outer limit of 10 years (15 U.S.C. 78u-6(h)(1)(B)(iii)). Because one firing can carry several deadlines, consider talking with a whistleblower attorney in Los Angeles soon after it happens.
What Should You Look For in a Los Angeles Whistleblower Attorney?
When you compare whistleblower law firms in Los Angeles, check these points:
- Employee-side only. A firm that never represents employers has no conflict with your side of the case.
- Whistleblower results. Ask for documented results in retaliation cases, not general claims.
- Command of the burden shift. Your lawyer should build the case around Labor Code 1102.6 and the contributing-factor standard.
- Related claims. Whistleblower cases often include wrongful termination, wage, safety, or discrimination claims. One firm should handle all of them.
- Clear fees. Ask how fees work before you sign anything.
Whistleblower Cases Across Los Angeles County
We represent workers in Burbank, Glendale, and across Los Angeles County, and statewide through our California employment lawyers. If your employer punished you for complaining about discrimination or another workplace problem, see our Los Angeles retaliation lawyer page. If you were fired, see our Los Angeles wrongful termination attorney page. For a closer look at one common situation, read can you be fired for whistleblowing in California.
Frequently Asked Questions
How much does a whistleblower lawyer cost in Los Angeles?
Nothing up front at our firm. We work on contingency, so you do not pay anything unless we win. The case evaluation is free, and you will not pay for legal counsel or court fees out of pocket. The fee is a share of any settlement or verdict. If there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
Can I get a free consultation with a whistleblower attorney in Los Angeles?
Yes. Our case evaluation is free, and you can request it online or by phone. A member of our team will ask what you reported, when, to whom, and what happened next.
Is reporting to HR or my manager protected, or only reports to the government?
Both can be protected. Labor Code 1102.5(b) covers reports to a person with authority over you or to another employee who has authority to investigate or correct the violation, as well as reports to an agency (Labor Code 1102.5).
Am I protected if reporting problems is part of my job?
Yes. The statute protects disclosures “regardless of whether disclosing the information is part of the employee’s job duties” (Labor Code 1102.5).
Can my employer fire me for refusing to do something illegal?
No. An employer cannot retaliate against you for refusing to take part in an activity that would violate a state or federal statute, or a local, state, or federal rule or regulation (Labor Code 1102.5(c)).
Can a company policy stop me from reporting?
No. An employer cannot make, adopt, or enforce a rule or policy that prevents you from disclosing a suspected violation to a government or law enforcement agency or to someone at work who can investigate it (Labor Code 1102.5(a)).
Do I have to file with the Labor Commissioner before I sue?
No. For claims under the Labor Commissioner’s retaliation process, you may go to court without filing there first (Labor Code 98.7(g)). If you do file with the Labor Commissioner, the deadline is one year.
Can an NDA or confidentiality agreement stop me from reporting?
Not for reports the law protects. A separation or severance agreement cannot include a provision that bars you from disclosing information about unlawful acts in the workplace (Gov. Code 12964.5(b)(1)(A)). No company rule can stop a protected report either (Labor Code 1102.5(a)). Keep trade secrets and privileged material out of what you share.
Can I report anonymously?
Not always. California’s Attorney General runs a whistleblower hotline that refers calls to the right agency, and it must keep the caller’s identity and the named employer confidential during the initial review (Labor Code 1102.7). Your employer must post a list of your whistleblower rights with the hotline number in large type (Labor Code 1102.8). A hotline call does not by itself start any filing deadline.
Is complaining about unfair treatment whistleblowing?
Not by itself. Labor Code 1102.5 protects reports you have reasonable cause to believe show a violation of law (CACI No. 4603). A complaint that a manager is rude or unfair may not qualify. A complaint about discrimination, harassment, unpaid wages, or safety usually ties to a specific law, and other statutes protect those complaints too.
Can I get in trouble for reporting?
The law bars retaliation for a protected report. The protection does not cover disclosures protected by the attorney-client privilege, the physician-patient privilege, or trade secret rules (Labor Code 1102.5(g)). Report what you saw, and do not take confidential company files to prove it.
Can my employer retaliate against my family member?
No. Labor Code 1102.5(h) bars retaliation against an employee’s family member because the employee engaged, or was thought to have engaged, in protected whistleblowing.
I work for a city or county. Am I covered?
Yes. For California’s whistleblower sections, “employee” includes people employed by the state, counties, cities, school and community college districts, and the University of California (Labor Code 1106). Public employers can have extra notice steps for some claims, so get advice early.
What does a whistleblower retaliation lawyer do?
A whistleblower retaliation lawyer checks whether your report was protected, lines up the timing and evidence, and decides which claims and deadlines apply. The lawyer can file with the Labor Commissioner or in court and negotiates with your employer. Our team handles wrongful termination, wage, safety, and discrimination claims that often come with a whistleblower claim.
Is a whistleblower retaliation case the same as an SEC or qui tam reward claim?
No. A retaliation case seeks compensation for what your employer did to you after you reported. Government reward programs, such as SEC whistleblower awards or qui tam cases for fraud on public money, follow separate rules and deadlines.
Can I sue my employer while I still work there?
Yes, and retaliation for doing so is itself unlawful. Read more about suing your employer while still employed.
Talk to a Los Angeles Whistleblower Lawyer
If you were punished after reporting something illegal, a Los Angeles whistleblower lawyer at our firm can review what happened and explain your options. Request your free case evaluation, contact us, or call (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: November 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.

