What Counts As “Whistleblowing”?

Posted on October 27, 2021 | Employment Law,Firm News,Whistleblower Protection,Workers Compensation

California Labor Code Section 1102.5 confers broad protection to employees from suffering retaliation as a result of “whistleblowing.” Some employees in California may wonder if their whistleblowing has to be made to an outside agency to protect them. The statute provides guidance on this and makes clear that even making the complaint to the employer in and of itself counts as “whistleblowing” and confers protection to the employee. Here are some further details on what would count as whistleblowing:

• Disclosing information to a government or law enforcement agency,
• Disclosing information to a person with authority over the employee or
• Disclosing information to another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or
• For providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee reasonably believes that the information discloses a violation of a law, regardless of whether disclosing the information is part of the employee’s job duties.

In addition to the above, an employer cannot retaliate against an employee for the following:

• Refusing to participate in an activity that would result in a violation of law
• For having exercised these rights at a former job
• Because the employee is a family member of a person who has, or is perceived to have, engaged in whistleblowing activity.

If you believe you have suffered adverse consequences as a result of whistleblowing activity, feel free to contact The Law Office of Omid Nosrati at 310-553-5630 for a free case evaluation.