California Workplace Retaliation and Whistleblower Claims Attorneys

You might be feeling confused or lost after a sudden termination or demotion at work, especially when you have been performing well. Feeling this way is valid, but it is important to understand the real reason why your supervisor let you go. If this occurred following misconduct you reported, you might be facing workplace retaliation.

Filing a claim against your former employer should be your next step. If uncertainty about your rights or fear stops you from doing so, we are here to help. At Caskey, Holzman & Barari, we have extensive experience representing victims of workplace retaliation. Our attorneys draw upon more than 60 years of combined experience when representing our clients’ interests.

Defending Your Right To Engage In Protected Activities

If you believe you were wrongfully fired or faced workplace retaliation for any of these reasons, contact us to hold them accountable:

• Complaining about discrimination or harassment in the workplace
• Serving as a witness in a workplace investigation regarding claims of harassment or discrimination
• Whistleblowing activities
• Reporting conduct on the part of your employer that you reasonably believe violates state or federal law
• Reporting that your employer is not paying proper overtime to its employees
• Reporting conduct on the part of your employer that you reasonably believe violates consumer protection laws
• Complaining about unsafe patient care in a medical facility

At Caskey, Holzman & Barari, our attorneys are committed to fighting injustice in the workplace. While you may be hesitant to hire a lawyer to take legal action against your former employer, it is important to hold the company accountable. We will walk you through every step of the process and aggressively pursue the compensation to which you are entitled.

Qui Tam Whistleblower Cases: Is There A Reward For Reporting Fraud?

Under the California False Claims Act, you have the right to report your employer if it is stealing or scamming the government or any state agency. This law allows you to file a lawsuit on behalf of the government, as the employer’s actions are hurting taxpayers. If your employer discovers that you started the case, they cannot retaliate against you because you have protections under the law.

You can receive a whistleblower award ranging from 15% to 33% of the recovered proceeds if the state or local agency intervenes and recovers the stolen funds. The reward increases to 25% to 50% of the recovered money if the state agency refused to intervene and you successfully prosecuted the case on your own.

Common Adverse Employment Actions You Should Look Out For

Beyond termination, California employment law recognizes workplace retaliation if your employer resorts to these adverse employment actions:

• Demotion to a lower position
• Reduction in job responsibilities
• Refusal of promotion or other advancement opportunities
• Unexplained suspensions or reprimands
• Hostile work environment
• Threats of taking adverse employment action
• Forced resignation due to intolerable working conditions

These signs can be difficult to notice since they begin subtly. You should document the instance as soon as it happens to you. We at Caskey, Holzman & Barari can assist you in proving workplace retaliation. Our team of skilled employment law attorneys in California is dedicated to uncovering unjust employer practices.

Frequently Asked Questions About Retaliation And Whistleblower Claims

In California, employment laws offer some of the strongest protections in the country for workers who speak up. Understanding the nuances of these claims is essential for protecting your career and your legal rights.

What is the difference between general workplace retaliation and whistleblower retaliation in California?

While the terms are often used interchangeably, they involve different types of protected activity. California law recognizes two distinct categories of prohibited conduct:

• General workplace retaliation: This occurs when an employer punishes you for exercising a personal employment right. Examples include filing a claim for unpaid wages, requesting a reasonable accommodation for a disability or reporting sexual harassment you personally experienced.
• Whistleblower retaliation: This involves reporting a violation of law that affects more than just yourself, such as financial fraud, environmental violations or workplace safety hazards (OSHA). Under California Labor Code Section 1102.5 and the federal False Claims Act, you are protected whether you report these issues internally to a supervisor or externally to a government agency.

Both categories of retaliation are illegal, but identifying which one applies to your situation is the first step in determining which specific statutes protect your job.

How long do I have to file a retaliation or whistleblower claim in California?

The timeline depends on which law is protecting you and the type of adverse action taken by your employer. You need to adhere to several different statutes of limitations depending on your claim:

• Whistleblower claims (Labor Code 1102.5): In most cases, you have three years from the date of the retaliatory act to file a civil lawsuit in court.
• FEHA retaliation: If you were retaliated against for opposing discrimination or harassment, you need to first file a complaint with the California Civil Rights Department (CRD) within three years to obtain a right-to-sue notice.
• Labor commissioner claims: For certain labor violations (like reporting wage theft), you may only have one year to file an administrative complaint.

Because these deadlines vary, waiting too long can permanently bar you from seeking compensation.

What kind of evidence do I need to prove retaliation in California?

Since employers rarely admit to retaliating, you need to build a case through circumstantial evidence that connects your protected activity to the punishment. Key evidence includes:

• Temporal proximity: Documenting that the punishment happened shortly after your report. If you were fired two weeks after reporting fraud, the timing suggests wrongful termination.
• Comparative evidence: Showing that other employees who did not blow the whistle were treated better than you for similar behavior.
• Inconsistent reasons: Proving that the employer’s stated reason for firing you (like poor performance) is a pretext. This is easier if you have years of positive performance reviews that suddenly turned negative after your complaint.
• Communication logs: Saving emails, text messages or voicemails where supervisors expressed hostility toward your report.

Gathering this information early is vital. Consequently, most successful claimants keep a detailed log of all workplace interactions immediately following their initial report.

Schedule A Free Consultation With Our Calabasas Employment Law Attorneys Today

Call Caskey, Holzman & Barari at 323-391-3984, or contact us online to arrange a free case evaluation with our trusted Calabasas workplace retaliation lawyers. We serve clients throughout Southern California and statewide. We accept most cases on a contingency fee basis.