Retaliated Against for Whistleblowing on Your Employer in California: What Workers Need to Know

Learn about whistleblower retaliation in California, including legal protections, available remedies, and steps to take if you are retaliated against.

Blowing the whistle on illegal or unethical practices at work is never an easy decision. Employees in California often risk their jobs, reputations, and financial stability to expose misconduct. Unfortunately, retaliation is a common outcome, despite the strong legal protections in place. If you have been retaliated against for whistleblowing on your employer in California, you are not alone—state and federal laws provide remedies, but navigating them requires awareness and preparation.

Understanding Whistleblower Retaliation in California

Whistleblower retaliation occurs when an employer punishes an employee for reporting unlawful, unsafe, or fraudulent activities. Punishment can range from subtle acts—like excluding the employee from meetings—to severe actions such as demotion, termination, or blacklisting.

California provides some of the strongest protections in the nation for whistleblowers. Under California Labor Code §1102.5, it is illegal for an employer to retaliate against an employee for disclosing information about violations of law to a government agency, a supervisor, or any person with authority to investigate. The protection extends whether the disclosure is internal (to HR or management) or external (to regulators or law enforcement).

Additional laws reinforce these rights:

• Labor Code §98.6: Protects workers who file complaints with the Labor Commissioner or testify in proceedings.
• California False Claims Act (Gov. Code §12653): Protects whistleblowers who expose fraud against government programs.
• OSHA Whistleblower Protection: Shields workers who report workplace safety violations.
• Federal Sarbanes-Oxley Act: Protects employees in publicly traded companies reporting securities fraud.

In short, being retaliated against for whistleblowing on your employer in California is unlawful, regardless of whether the employer’s conduct was actually illegal—as long as the employee reasonably believed it was.

What Retaliation Looks Like

Retaliation isn’t always obvious. While termination is the most visible, California courts recognize many forms of retaliatory conduct. Examples include:

• Termination or Constructive Discharge – Firing the employee or making conditions so intolerable they are forced to quit.
• Demotion or Denial of Promotion – Passing the employee over despite qualifications.
• Pay Cuts or Reduced Hours – Cutting compensation as a form of punishment.
• Reassignment – Transferring the employee to less desirable shifts, locations, or duties.
• Harassment or Hostile Work Environment – Subjecting the whistleblower to ridicule, exclusion, or intimidation.
• Blacklisting – Providing negative references to prevent future employment.
  

If you were retaliated against for whistleblowing on your employer in California, the law focuses on whether the employer’s adverse action was motivated by your disclosure, not whether the employer can articulate a different excuse.

Burden of Proof and Employee Protections

California law is particularly favorable to employees in retaliation cases. In 2022, amendments to Labor Code §1102.6 clarified the burden of proof:

1. The employee must show that their protected activity (whistleblowing) was a “contributing factor” in the employer’s decision to take adverse action.
   
2. The burden then shifts to the employer, who must prove by “clear and convincing evidence” that they would have taken the same action regardless of the whistleblowing.
   

This employee-friendly standard makes it easier for workers who were retaliated against for whistleblowing on their employer in California to succeed in court.

Remedies Available

Employees who prove retaliation may be entitled to significant remedies, including:

• Reinstatement to their job if wrongfully terminated.
• Back Pay and Lost Wages covering income lost due to retaliation.
• Compensatory Damages for emotional distress.
• Punitive Damages if the employer acted with malice or reckless disregard.
• Attorney’s Fees and Costs to ensure access to justice.
• Civil Penalties against the employer under certain statutes.
  

Real-Life Examples of Whistleblower Retaliation in California

To understand how courts treat these cases, here are three examples where employees were retaliated against for whistleblowing on their employer in California, along with the legal outcomes:

1. Wells Fargo Account Scandal (2016–2020)

During the high-profile scandal involving fraudulent customer accounts, multiple Wells Fargo employees reported unethical practices. Instead of being commended, many were fired or demoted. In California, some whistleblowers filed wrongful termination and retaliation claims under Labor Code §1102.5.

In one case, a Los Angeles jury awarded $5.4 million to a former branch manager who alleged she was terminated for reporting fake accounts. The case underscored that even large corporations can be held accountable when employees are retaliated against for whistleblowing on their employer in California.

2. City of Los Angeles Building Inspector (2019)

A building inspector reported unsafe conditions and potential corruption within the Department of Building and Safety. Shortly afterward, he claimed he was reassigned, ostracized, and denied promotions. He filed a whistleblower retaliation lawsuit under the California Whistleblower Protection Act.

In 2019, the city agreed to a $2.3 million settlement. The case highlighted how retaliation can occur in public-sector employment and how government agencies are not immune from liability.

3. Kaiser Permanente Medical Staff Case (2021)

At Kaiser Permanente in Southern California, a nurse alleged that she was retaliated against after reporting patient safety violations and inadequate staffing levels. She claimed she was subjected to harassment, unfavorable scheduling, and eventual termination.

After filing suit under Labor Code §1102.5, Kaiser settled the case confidentially in 2021. While the amount was not disclosed, employment attorneys familiar with the case suggested the settlement was in the seven-figure range, reflecting the seriousness of the retaliation.

Why Retaliation Persists Despite Strong Laws

If California has some of the strongest worker protections in the nation, why does retaliation continue? Several factors explain:

1. Fear of Speaking Out – Employees often fear they will lose their jobs or face blacklisting if they report misconduct.
2. Corporate Culture – Some organizations foster a culture of silence, discouraging dissent.
3. Delayed Remedies – Litigation can take years, and during that time, whistleblowers may suffer unemployment and financial strain.
4. Proving Retaliation – While the law favors employees, connecting adverse actions to whistleblowing still requires strong evidence.

Steps to Take if You’ve Been Retaliated Against

If you believe you were retaliated against for whistleblowing on your employer in California, here are steps you should take immediately:

1. Document Everything – Keep records of emails, text messages, performance reviews, and the timing of adverse actions.
2. File an Internal Complaint – Report retaliation to HR or management in writing. This creates a paper trail.
3. File a Complaint with State Agencies – You can file with the California Labor Commissioner, the Civil Rights Department (CRD), or OSHA, depending on the violation.
4. Consult an Employment Attorney – Retaliation cases can be complex. An experienced California employment attorney can advise whether to pursue administrative remedies, arbitration, or litigation.
5. Act Quickly – Retaliation claims are subject to deadlines. Under Labor Code §1102.5, claims must be filed within a set time period.

The Role of Employment Lawyers

Because retaliation often involves complex legal and factual issues, consulting an attorney is critical. Employment attorneys in California often work on a contingency basis, meaning they only get paid if you win or settle. This allows employees who have been retaliated against for whistleblowing on their employer in California to pursue justice without the burden of upfront fees.

Lawyers also know how to obtain evidence through discovery, depose supervisors, and counter the employer’s defenses. This professional leverage often leads to favorable settlements.

Conclusion: Protecting Whistleblowers in California

Despite strong statutory protections, many workers continue to face retaliation for whistleblowing against their employers in California. The persistence of retaliation reflects deep cultural and structural challenges, but employees do not have to face it alone. With the protections of Labor Code §1102.5, the support of state and federal agencies, and the advocacy of experienced employment attorneys, whistleblowers can fight back and secure meaningful remedies.

The lesson from recent cases is clear: retaliation is costly, not only for employees who suffer from it, but also for employers who engage in it. Holding employers accountable not only restores justice to the individual whistleblower but also deters future misconduct and strengthens the integrity of workplaces across California.