Jake Darin | October 2, 2024
Timing is Everything for California Whistleblowers
Hunter Pyle | July 15, 2024
If you are an employee who has reported something in the workplace that you thought broke some kind of law, this article is for you.
California has some of the strongest whistleblower protections laws in the world. For example:
- Labor Code section 98.6 provides that an employer cannot fire you for complaining that you were not paid the wages owed to you, among other things.
- Labor Code section 1102.5(b) makes it illegal for an employer to fire you for:
- disclosing information to the government, or to a supervisor or manager;
- that you reasonably believe to violate some kind of law, rule, or regulation; or
- because the employer thinks that you may disclose such information.
- Labor Code section 1102.5(c) makes it illegal for an employer to fire you for refusing to do something that would violate the law.
- Labor Code section 1102.5(d) make it illegal for an employer to fire you for exercising your rights at a prior job.
California Labor Code section 6310 provides similar protections for workers who complain about unsafe workplaces.
- Section (a)(1) protects workers who have made complaints about employee safety or health, to the government or to their employer, or representative.
- Section (a)(2) protects workers who bring a claim relating to their rights or is about to testify in such a proceeding.
- Section (a)(3) protects workers who participate in certain occupational health and safety committees.
- Section (a)(4) protects workers who report a work-related fatality, injury, or illness, request access to certain occupational injury or illness reports and records, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.)
- Section (c) even protects the family members of a worker who has, or who is believed to have engaged in these types of protected activities.
Finally, Labor Code section 1197.5(k) makes it illegal for an employer to fire or retaliate against an employee for complaining that their wages are less than the wages of employees of the opposite sex, or of other races or ethnicities, for substantially similar work.
When it comes to whistleblower claims, timing is everything. Normally, the person who claims that they were fired or demoted because they are a whistleblower has the burden of proof, meaning they must show that the employer acted because the worker made a complaint.
However, in 2023 California amended many of its whistleblower laws to provide that when an employer acts within 90 days of the worker’s complaint, there is a rebuttable presumption in favor of the worker. In other words, judges and juries are required to presume that employer acted because of the worker’s complaint unless the employer can prove that it did so for other reasons. This change in the law should make it easier for workers to win their whistleblower claims.
The attorneys at Hunter Pyle Law have handled whistleblower claims against large employers, small employers, and government entities. We have recovered substantial amounts of money for our clients. If you think you may be a whistleblower, or have questions about your rights at work, please feel free to call us at (510) 444-4400, or email us at inquire@hunterpylelaw.com.