Termination for Engaging in Protected Activity
At Gallenberg PC, our Los Angeles, Burbank, and Beverly Hills wrongful termination lawyers support California employees who engage in protected activity, as outlined by our California Labor Code 1101 - 1106.
The Division of Labor Standards Enforcement states, “it is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, a person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation.”
Simply put, employees cannot be retaliated against or terminated for protected activities, which include whistleblowing. Whistleblowers are employees who bravely notify an authority figure within the employer’s organization, an appropriate government or law enforcement agency of violations by their employers.
If you believe you were retaliated against or wrongfully terminated for reporting your employer to the proper authority for wrongdoing, our Los Angeles County employment law attorney may be able to help you. Contact us today to learn more.
We do not charge prospective clients for a confidential telephone intake or online case review.What is the California Labor Law Definition of a Whistleblower?
A “whistleblower” is an employee who discloses information to a government or law enforcement agency, a person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, or who provides information to or testifies before a public body investigating, hearing or inquiry, where the employee has reasonable cause to believe that the information discloses:
- A violation of a state or federal statute.
- A violation or noncompliance with a local, state, or federal rule or regulation.
- With reference to employee safety or health, unsafe working conditions, or work practices in the employee’s employment or place of employment.
A whistleblower can also be an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. If you are planning on being a whistleblower, or are a whistleblower who was fired, contact on one of our workplace Los Angeles whistleblower attorneys.Which California Employees are Protected from Wrongful Termination Under California Labor Code Section 1102.5?
According to the California Labor Code Section 1102.5, employees are the protected class of individuals.
By law, an “Employee” is defined as any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city, and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California.What Types of Protections are Afforded to Whistleblowers in California?
California Labor Code states an employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
This means a California employer may not retaliate against an employee:
- For being a whistleblower.
- For refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
- For having exercised his or her rights as a whistleblower in any former employment.
Employees are also protected by the Federal Whistleblower Protections that apply to workers throughout the U.S., including those in California. To understand which whistleblower protections are better for you, contact a Los Angeles whistleblower lawyer at our office who may be able to help you.What Happens if a California Employer Retaliates Against a Whistleblower?
If an employer retaliates against a whistleblower — including taking such actions as firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours — the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.
In January 2022, the Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section 1102.5.
For claims arising under Section 1102.5, the employee need only demonstrate that the whistleblowing activity was a “contributing factor” in the employer’s decision to establish a basis for liability.
This means the burden is placed on the employer to establish by clear and convincing evidence that it would have made the decision for legitimate, independent reasons.
If you believe you were retaliated against or wrongfully terminated for participating in protected whistleblower activities, the courts have significantly relaxed the employee’s burden of proof to prevail in these legal matters inside and outside the courtroom. our Los Angeles County employment law attorney may be able to help you negotiate the best outcome.
Contact us today to learn more during a confidential telephone intake or online case review.How Can the California Wrongful Termination Lawyer at Gallenberg PC Help?
At Gallenberg PC, our workplace whistleblower attorney has offices in Los Angeles, Burbank, and Beverly Hills, so unlawfully terminated employees have access to the legal representation they need to pursue results inside and outside the courtroom — no matter where they live or work in California.
Our primary goal is to make legal services accessible to everyone in California, regardless of a person’s ability to pay.
We understand that many individuals cannot afford to pay upfront hourly rates or retainers for an employment or labor attorney in Los Angeles. That does not mean they should not have the legal ability to pursue justice after suffering from unlawful treatment in any California workplace.
Our wrongful termination attorney in Los Angeles, Burbank, and Beverly Hills takes all eligible cases on a contingency basis, which means if we do not win your case, you do not pay our legal fees.
If you were retaliated against or wrongfully terminated for participating in protected whistleblower activity in California, contact Gallenberg PC today to discuss your important case with our skilled employment law attorney in Los Angeles at (213) 986-8432, Burbank at (818) 237-5267, or Beverly Hills at (310) 295-1654 to schedule a free intake today.
If you prefer, complete a Free Online Case Review to have your claim screened by our experienced employment law attorney and we will contact you directly to discuss your case.