Your Rights Under California Law
Whistleblowers in California are the backbone of workplace accountability. They expose unsafe conditions, discrimination, fraud, and other misconduct in healthcare, technology, and beyond.
But when doing the right thing leads to retaliation—like termination, demotion, or threats—California law offers some of the strongest legal protections in the nation.
If you’re a California employee who’s already spoken up and are now facing retaliation, here’s what you need to know to protect yourself and your future.
California Labor Code § 1102.5: The Flagship Whistleblower Law
Labor Code § 1102.5 protects private-sector employees who:
- Report a suspected violation of law or regulation to a government or law enforcement agency,
- Report concerns internally to a supervisor or manager,
- Provide information to or cooperate with public investigations.
Under this law, employers cannot retaliate—fire, demote, harass, or threaten—against employees who blow the whistle on wrongdoing.
A landmark change in 2022 added even more teeth: whistleblowers who prevail can now recover their attorney’s fees and costs. This ensures that employees who stand up for the truth have the resources to fully enforce their rights.
Illustrative Example
A software engineer at a major Silicon Valley firm flagged a data privacy breach to his supervisor and the company’s IT compliance team in 2023. When he was abruptly terminated for “poor performance,” he filed a retaliation claim under § 1102.5, using internal emails and performance reviews to show the real reason was his protected complaint.
Healthcare Whistleblowers: Health & Safety Code § 1278.5
For healthcare workers—nurses, doctors, technicians, and support staff—California Health & Safety Code § 1278.5 offers special protections when they report unsafe patient care or conditions.
This law prohibits healthcare facilities from retaliating against employees who:
- Report unsafe care or working conditions to government agencies or accrediting bodies,
- Raise concerns internally,
- Cooperate with external investigations.
Illustrative Example
A respiratory therapist at a Los Angeles hospital reported the use of expired ventilator equipment to her supervisor in 2022. After escalating her concerns to the Department of Public Health, she was reassigned to undesirable shifts and then terminated. With § 1278.5, she was able to sue for retaliation and win reinstatement and damages.
FEHA Protections for Reporting Discrimination and Harassment
California’s Fair Employment and Housing Act (FEHA)—Gov. Code § 12940(h)—prohibits retaliation against employees who:
- Oppose or report workplace discrimination or harassment,
- Assist in investigations of such complaints.
Illustrative Example
A Latina project manager at a San Diego tech startup reported repeated sexual harassment by a coworker. After she went to HR in 2024, she was excluded from meetings and ultimately laid off. She successfully brought a FEHA retaliation claim and recovered lost wages and emotional distress damages.
Why Disclosure of Your Identity Can Strengthen Your Legal Case
While many employees initially report anonymously, to win a retaliation case under California law, you must show:
- You engaged in a protected activity (like reporting illegal conduct),
- Your employer knew about it,
- You faced an adverse action,
- There’s a causal link between your report and the retaliation.
If your identity remains hidden, it can be much harder to prove that the employer knew about your whistleblowing—so while anonymity might feel safer at first, disclosure to a lawyer or official agency often strengthens your legal position.
Practical Precautions: Handling Documents and Avoiding Legal Risk
California law supports your right to document retaliation, but do not take or share your employer’s confidential trade secrets or proprietary information without legal advice. This can create new legal problems under trade secret laws (Civ. Code § 3426 et seq.).
✅ What’s generally safe to keep?
- Your own performance reviews
- HR write-ups
- Emails to HR
- Your direct communications that prove retaliation
❌ What to avoid without legal counsel?
- Proprietary code
- Customer lists
- Product roadmaps
- Patient medical data (for healthcare workers)
Best Practice
Before using any company documents beyond your personal records, consult an experienced attorney. They can advise on what’s legally permissible and help you secure any truly necessary company records through formal discovery—rather than taking matters into your own hands.
The California Advantage: State Court Jury Standards
California’s civil courts favor employees in retaliation cases: only 9 of 12 jurors need to agree for a verdict.
In federal court, you need a unanimous jury—often 6–8 people. This difference can be decisive for whistleblowers battling large employers with deep pockets.
Why This Matters for Tech and Healthcare Workers
- In tech, retaliation often follows reports of data security flaws, wage misclassifications, or discrimination.
- In healthcare, patient safety concerns and staffing issues are common flashpoints.
- In both, whistleblowers risk job loss, career derailment, and reputational harm—but California law prioritizes the rights of those who have already spoken up.
Act Now: Protect Yourself and Your Future
If you’ve already raised concerns and are now facing retaliation, here’s how to protect yourself:
✔️ Gather your personal employment records—anything that shows how your work environment changed after your complaint.
✔️ Consult an experienced whistleblower attorney—early legal advice can help you avoid missteps and preserve your rights.
✔️ Remember: California law—Labor Code § 1102.5, Health & Safety Code § 1278.5, and FEHA—has your back if you’ve already taken the brave step of reporting wrongdoing.
Rubin Law Corporation: Here to Help
At Rubin Law Corporation, we focus on helping those who have already spoken up—and are now facing retaliation.
We understand the stakes in both healthcare and tech, and we know how to use California’s updated legal tools—including attorney fee recovery and favorable jury standards—to protect your rights and your career.
If you’re dealing with retaliation for doing the right thing, reach out for a confidential consultation. Let’s explore how California law can work for you.