Employer Retaliation – What you should know about California Labor Code Section 1102.5

California Labor Code Section 1102.5 protects employees who report violations of local, state and federal laws by their employer to certain parties.

To determine if your employer is in violation of Labor Code 1102.5 you must determine: 1) the nature of the information disclosed and; 2) to whom disclosure was made.

What information is protected under 1102.5?

  • Employer violations of state or federal statute;
  • Employer violations or noncompliance with a local, state or federal rule or regulation.

To whom may I report violations under 1102.5?

  • Government or law enforcement agents/agencies;
  • Any person with authority over the employee;
  • Any employee designated to investigate, authorize, discover, or correct workplace violations or;
  • Any public body or entity designated to investigate workplace violations.

Additionally, an employer is prohibited from making or enforcing rules or regulations preventing employees from disclosing information about legal violations or non-compliance.

In sum, Labor Code Section 1102.5, aims to prevent employer retaliation when an employee discloses workplace violations.

The full text of Labor Code Section 1102.5 can be found here.

If you believe you have retaliated against in violation of Labor Code 1102.5 you may call us for a free consultation and one of our Attorneys at Jon Webster Law Group will explain your rights pursuant to California Law.