Retaliation Under California Labor Code § 1102.5

California law has strong employment laws to guard against retaliation in the workplace.  For example, Cal. Labor Code § 1102.5(b) provides that:

An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information…to a person with authority over the employee or 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 has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.

• 1102.5(b) protects employees from retaliation for engaging in “protected activity,” that is, speech where the employee raises concerns that are either (a) violations of a state or federal statute (or local, state, or federal rule or regulation) or (b) that the employee believes in good faith are violations of federal or state law, or federal, state, or local rule or regulation. For the latter point, this is critical: an employee cannot be retaliated against for raising concerns that the employee believes is a violation of law even if the employer later proves that no such violation occurred.

A retaliation attorney can provide the guidance you need. Erkel Law, P.C. has successfully prosecuted legal claims under § 1102.5(b) and understands how to gather the relevant evidence and information needed to establish liability.

What Evidence Should An Employee Gather To Establish Retaliation ?

In an ideal world, the employee would send an email to a supervisor or human resources documenting the protected activity.  It is also critical that the employee be explicit about what the legal violations are – sexual harassment, discrimination, wage and hour violations, etc.  The strongest cases are ones that are well-documented and where the legal violations are clearly stated.  A skilled lawyer can walk you through the evidence and documentation needed to prosecute a strong retaliation claim.

What Damages Can An Employee Recover in a Retaliation Lawsuit?

1102.5 permits an employee to recover, among other things, lost and future wages, emotional distress, lost employee benefits and potentially punitive damages. A lawyer at Erkel Law, P.C. can discuss with you the various legal remedies you can allege in your retaliation lawsuit.

Talk to a Los Angeles Attorney About Your Retaliation Issues

You deserve a workplace where you feel safe, respected, and valued. If you are dealing with retaliation, a retaliation lawyer can step in to protect your rights and demand accountability. With the right guidance, you will not just endure your workday, you will take control of your future. Talk to Erkel Law, P.C., today and start reclaiming your dignity.