If you were fired, demoted, or punished after reporting illegal activity at work, a California whistleblower lawyer can help you understand your rights and options. Abramson Labor Group represents employees, never employers, in whistleblower retaliation claims. Our case reviews are free and confidential, and we work on contingency.
California’s main whistleblower law is Labor Code section 1102.5. It bars an employer from retaliating against an employee for disclosing information “to a government or law enforcement agency, to a person with authority over the employee,” or to another employee “who has the authority to investigate, discover, or correct the violation.” It also protects employees who provide information to, or testify before, a public body conducting an investigation.
The protection applies when you had “reasonable cause to believe that the information discloses a violation of state or federal statute,” or a violation of a local, state, or federal rule or regulation. It applies “regardless of whether disclosing the information is part of the employee’s job duties.” Our article I was fired for whistleblowing covers common situations.
Retaliation is any action that punishes you for reporting, such as termination, demotion, reduced hours, a pay cut, a sudden string of write-ups, or a transfer to a worse position. Under Labor Code section 1102.5(c), an employer also may not retaliate against you for “refusing to participate in an activity that would result in a violation of state or federal statute,” or a local, state, or federal rule or regulation. See our retaliation page for how these claims work.
Workplace safety complaints have their own protection. Under Labor Code section 6310, “No person shall discharge or in any manner discriminate against any employee” for making a complaint about workplace safety or health, and an employee punished for a “bona fide oral or written complaint” about unsafe working conditions is “entitled to reinstatement and reimbursement for lost wages and work benefits.” Learn more in can my employer fire me for a safety complaint.
Reports about unpaid wages or other Labor Code violations can also be protected. In some cases, workers can bring claims on behalf of the state and other employees, explained in our article on PAGA claims.
California’s burden of proof favors employees in whistleblower cases. Under Labor Code section 1102.6, once the employee shows by a preponderance of the evidence that the protected activity “was a contributing factor” in the adverse action, the employer must prove “by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons.”
| Step | Who must prove it | Standard |
|---|---|---|
| Your report was a contributing factor in the adverse action | Employee | Preponderance of the evidence |
| The employer would have taken the same action for legitimate, independent reasons | Employer | Clear and convincing evidence |
Timing, emails, performance reviews before and after the report, and how others were treated often matter. If you were fired, our wrongful termination page and our article on when a firing is illegal explain how at-will employment has limits. If conditions pushed you to resign, see constructive discharge.
Remedies depend on the facts. Under Labor Code section 1102.5(f), in addition to other remedies available, an employer that violates the law is liable for a civil penalty of up to $10,000 for each violation, “to be awarded to the employee who was retaliated against.” Under subdivision (j), the court may award reasonable attorney’s fees to an employee who wins. Lost wages and reinstatement may also be available. For a sense of how these cases resolve, see our article on the average settlement for a retaliation lawsuit.
Deadlines depend on the claim and how it is brought. For example, the Labor Commissioner says retaliation complaints filed with its office generally must be filed “within one year of the retaliatory act,” with shorter or longer periods for some claims. A lawsuit in court can have a different deadline. An employment attorney can evaluate which deadlines apply to your situation, so it is worth having the facts reviewed early.
We represent whistleblowers in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees. Learn more about how contingency fees work.
Yes, in many cases. Section 1102.5 covers reports to “a person with authority over the employee” or to another employee with authority to investigate or correct the violation, not only reports to a government agency (Labor Code section 1102.5(b)).
Possibly still protected. The law asks whether you had “reasonable cause to believe” the information disclosed a violation (Labor Code section 1102.5(b)). An employment attorney can evaluate whether your report qualifies.
Keep copies of your report, the dates you made it, who you told, and any response, along with performance reviews and messages you are lawfully entitled to keep. Do not take confidential company files. See what to document if you are experiencing workplace misconduct, or read how to know if you have an employment law case.
If you were punished after reporting wrongdoing at work, we can review what happened and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 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.
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