Phone consultation: 833-201-0213

Office In Elk Grove & Utah | Employment and Labor Law

Shimoda Law Corp. Logo
Shimoda Law Corp. Logo

Phone consultation:
Call | 833-201-0213


​​California Labor Code Section 1102.5: Empowering Whistleblowers Against Retaliation

by | Feb 16, 2024 | Employment Law

California Capitol Building in Sacramento

​​Contemporary workplaces often require navigation through complex employment laws. However, the landscape has recently become a bit friendlier for those reporting on illegal activities. Now, California Labor Code Section 1102.5 reinforces whistleblower protection more than ever before.

If you believe you ​have been unfairly terminated for being a whistleblower​, Shimoda & Rodriguez Law, PC can help protect your rights and pursue compensation.

Strengthened Whistleblower Protection

In its original form, Labor Code Section 1102.5 acted to protect employees who might encounter retaliation after reporting illegal practices by their employer. However, thanks to an insightful ruling on May 22, 2023, in People ex rel. Garcia-Brower v. Kolla’s, Inc., this law now extends even more significant protection to whistleblowers.

This landmark decision broadens the definition of “disclosure,” thereby expanding circumstances where an employer might infringe whistleblower rights. Now, even if the recipient of your report already knows about the misconduct, you have protection. In other words, repeating previously disclosed illicit activity does not disqualify someone from being recognized and protected as a whistleblower.

A critical consequence of this ruling is the shift of the burden of proof. Instead of the employee having to prove that their employer unlawfully retaliated, it’s now the employer’s responsibility to demonstrate that a termination or adverse employment action was not in response to the employee’s whistleblowing.

These protections apply to Qui Tam relators which are whistleblowers who initiate a lawsuit alleging allege fraud involving Medicare, Medicaid, defense contractors, or public procurement resulting in a Qui Tam case. All these cases involve defrauding the government.

Your Enhanced Rights as a Whistleblower

Given this newfound legal strength, it’s important for you to understand what constitutes a ‘protected activity.’ Any action taken toward uncovering your employer’s illegal practices falls under this category. This includes depositions, testimonies, investigations, or any other legal progressions aiming to expose wrongdoing.

The remedies under California Labor Code Section 1102.5 for whistleblowers are robust, offering protection against a range of retaliatory impacts such as termination, demotion, suspension, or any other alterations to your employment’s terms and conditions unfavorable to you. You can confidently fight for justice without fear of career retaliation.

How Our Whistleblower Attorneys Can Help

Despite these positive developments, whistleblower protection cases can still be intricate, and filled with potential challenges. This complexity underscores the importance of competent legal representation from an experienced Whistleblowing Attorney.

At Shimoda & Rodriguez Law, PC, our team of whistleblower lawyers understands the nuances of Labor Code Section 1102.5. Exceptionally skilled in dissecting your situation, they devote their expertise to demonstrating your employer took adverse action precisely because you engaged in a protected activity. This approach shifts the pressure back onto your employer to justify their actions, while our team robustly defends your rights.

Hence, the emphasized importance and impact of California Labor Code Section 1102.5. This law, complemented by the recent court ruling, has become a formidable tool for whistleblowers seeking justice against employer retaliation.

When you trust your case to Shimoda & Rodriguez Law, PC, you partner with a team focused on your best interests. We understand the nitty-gritty of whistleblower protection laws, ensuring that you’re not navigating these rough waters alone. We stand by your side, guiding you through the process and ensuring your rights are fully defended.

If you ever find yourself needing to blow the whistle on employer misconduct, don’t hesitate—our expert services are standing by to reinforce your position and fight for your rights.