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If your employer cut your hours, demoted you, or fired you after you reported suspected illegal activity, you may have grounds to seek compensation for whistleblower retaliation. Our San Bernardino employment lawyers at the Aegis Law Firm can help you challenge your employer’s actions and pursue the income and other losses you suffered. Call (949) 379-6250 or contact us online for a free consultation with a San Bernardino whistleblower lawyer.
Whistleblowing does not need to reveal a company-wide scandal. It can begin when you tell your supervisor that employees are being ordered to work without pay or required inspections are being skipped. A report may qualify for protection under Labor Code section 1102.5 when you have “reasonable cause to believe” the conduct violates a law or regulation and tell a supervisor, an authorized investigator within the company, or a government agency.
California law can protect you from retaliation, but the protection that applies depends on what you reported or refused to do.
Reporting Suspected Illegal Conduct
You may receive protection when you report falsified inspection records, fraudulent billing, unpaid wages, or other suspected legal violations to a supervisor, an employee authorized to investigate or correct the problem, or a government agency.
Under Labor Code section 1102.5, you must have “reasonable cause to believe” the information reveals a covered violation. Your report may remain protected if an investigation ultimately finds no wrongdoing.
Refusing to Follow an Unlawful Instruction
Your employer may pressure you to follow unlawful instructions. For example, they may ask you to falsify maintenance records, submit fraudulent charges, or erase hours employees actually worked. Refusing to participate can receive protection even without a separate written complaint. Labor Code section 1102.5(c) covers refusing an activity that “would result in a violation” of specified laws or regulations.
Reporting Unsafe Working Conditions
Labor Code section 6310 protects qualifying “oral or written” safety complaints. You can raise concerns about damaged machinery, chemical exposure, blocked exits, or missing protective equipment before someone gets hurt. Telling your employer about the danger may qualify for protection even when you never contact Cal/OSHA.
Refusing Work That Creates a Serious Safety Hazard
Refusing dangerous work has specific requirements. Labor Code section 6311 states that performing the work must violate an applicable safety requirement and create a “real and apparent hazard” to you or your coworkers.
Being Suspected of Reporting Misconduct
Protection can also apply when your employer believes you reported a violation or expects you to report one. For example, management may remove you from an assignment after an inspection because it assumes you contacted Cal/OSHA.
Retaliation means your employer took harmful action because you reported suspected legal violations or refused illegal work. A retaliation lawyer can help you recognize it.
Examples can include:
There must be evidence to show, more likely than not, that whistleblowing played a role, or was “a contributing factor,” in your employer’s adverse action, as stated in Labor Code section 1102.6.
To argue against your claim, your employer must meet a higher standard of proof. They must have clear and convincing evidence that it would have made the same decision for legitimate, independent reasons. Your whistleblower lawyer in San Bernardino can challenge that defense by examining whether the company treated other employees consistently with its explanation. For example, if management says you lost your assignment because you missed production targets, evidence that employees in similar positions missed those targets and kept their assignments can undermine the company’s defense.
You may have the right to recover compensation after experiencing whistleblower retaliation, but reporting the misconduct and seeking relief are separate steps.
Asking the California Labor Commissioner to Investigate
You can file a retaliation complaint with the California Labor Commissioner. If it is accepted for investigation, an investigator will interview you, your employer, and witnesses and review relevant records. Available remedies may include restoring your job and recovering lost wages with interest. The investigator is a neutral fact-finder. You can have your own lawyer help explain your claim, respond to the employer’s arguments, and represent your interests during the investigation.
Complaints with the Labor Commissioner must be filed within one year after the retaliatory action. Labor Code section 98.7 may permit an extension “for good cause,” but it is not guaranteed.
Bringing a Lawsuit Against Your Employer
A lawsuit allows your attorney to seek compensation through the courts and potentially negotiate a settlement or present your case at trial. You ordinarily do not have to complete a Labor Commissioner investigation before bringing a whistleblower lawsuit, but the agency may close its investigation. You typically have three years to file suit under Code of Civil Procedure section 338.
Checking the Shorter Federal Deadline for Safety Retaliation
If you work for a private employer, you may also have a federal OSHA complaint. Under section 11(c) of the Occupational Safety and Health Act, you ordinarily have just 30 days to file after learning of the retaliatory decision.
You may be worried about keeping your job, replacing lost income, or what could happen if you challenge your employer. Aegis Law Firm can explain your rights, assess what you may be entitled to recover, and help you decide how to move forward. Call (949) 379-6250 or contact us online for a free consultation with a San Bernardino whistleblower attorney.