Employees who report illegal, unethical, or unsafe workplace practices play a crucial role in holding employers accountable. However, many whistleblowers face retaliation, including termination, after speaking out. If you were fired for reporting misconduct, you may have a wrongful termination case under California’s whistleblower protection laws.
What Is Whistleblowing?
Whistleblowing occurs when an employee reports violations of law, workplace safety hazards, fraud, or unethical behavior. Common examples of whistleblowing include reporting:
Employees have the right to report illegal activities without fear of losing their jobs. If an employer retaliates by firing an employee for speaking up, the termination is illegal.
California law strongly protects whistleblowers. Under the California Labor Code Section 1102.5, it is illegal for an employer to retaliate against an employee for reporting or refusing to participate in unlawful activities. Retaliation can include termination, demotion, reduced hours, harassment, or blacklisting.
If you were fired shortly after filing a complaint or reporting misconduct, it may strengthens the argument that your termination was retaliatory. Additionally, any emails, text messages, or witness testimony showing that your employer was unhappy with your complaint can support your case.
If you believe your employer retaliated against you for reporting violations, document everything related to your complaint and termination. Keep copies of emails, reports, HR complaints, and any communication showing that you engaged in whistleblowing.
Filing a wrongful termination lawsuit may allow you to recover lost wages, reinstatement, and damages for emotional distress. Whistleblower cases can be complex, we recommend talking to an experienced employment attorney to help you navigate the situation.