THE STOCKTON PERSONAL INJURY ATTORNEY WITH A REPUTATION YOU CAN TRUST
Practice Areas
Practice Areas
Whistleblower Retaliation
Whistleblower Retaliation
Reporting illegal conduct at work should never cost you your livelihood. Under California Labor Code Section 1102.5, we advocate for employees facing termination, demotion, or harassment and hold retaliatory employers fully accountable.
Reporting illegal conduct at work should never cost you your livelihood. Under California Labor Code Section 1102.5, we advocate for employees facing termination, demotion, or harassment and hold retaliatory employers fully accountable.
Legal Help for Whistleblowers in Stockton and the Central Valley
Legal Help for Whistleblowers in Stockton and the Central Valley
Legal Help for Whistleblowers in Stockton and the Central Valley
Speaking up about illegal conduct at work takes courage. Whether you reported unsafe conditions, fraud, unpaid wages, or patient care problems, California law protects your right to do so. When an employer punishes an employee for reporting a suspected violation of the law, the employer may be liable for retaliation under California Labor Code section 1102.5.
Schwinghamer Law represents employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley who were fired, demoted, disciplined, or pushed out after they blew the whistle. Many of our clients work for state agencies, counties, cities, and school districts. We understand the additional procedures that can apply to public employees, as well as the claims available to workers in the private sector.
If you are facing retaliation for reporting wrongdoing, call (209) 425-2520 or send us a message to discuss your situation.
Speaking up about illegal conduct at work takes courage. Whether you reported unsafe conditions, fraud, unpaid wages, or patient care problems, California law protects your right to do so. When an employer punishes an employee for reporting a suspected violation of the law, the employer may be liable for retaliation under California Labor Code section 1102.5.
Schwinghamer Law represents employees in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley who were fired, demoted, disciplined, or pushed out after they blew the whistle. Many of our clients work for state agencies, counties, cities, and school districts. We understand the additional procedures that can apply to public employees, as well as the claims available to workers in the private sector.
If you are facing retaliation for reporting wrongdoing, call (209) 425-2520 or send us a message to discuss your situation.
What Labor Code Section 1102.5 Protects
What Labor Code Section 1102.5 Protects
What Labor Code Section 1102.5 Protects
Labor Code section 1102.5 is California’s primary whistleblower protection law. It prohibits an employer, or anyone acting on the employer’s behalf, from retaliating against an employee for disclosing information the employee has reasonable cause to believe reveals a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. (Lab. Code, § 1102.5, subd. (b).)
The California Supreme Court has described this protection as reflecting “the broad public policy interest in encouraging workplace whistle-blowers to report unlawful acts without fearing retaliation.” (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709, quoting Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 77.)
Labor Code section 1102.5 is California’s primary whistleblower protection law. It prohibits an employer, or anyone acting on the employer’s behalf, from retaliating against an employee for disclosing information the employee has reasonable cause to believe reveals a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. (Lab. Code, § 1102.5, subd. (b).)
The California Supreme Court has described this protection as reflecting “the broad public policy interest in encouraging workplace whistle-blowers to report unlawful acts without fearing retaliation.” (Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709, quoting Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 77.)
The Law Covers More Situations Than Many Employees Realize
The Law Covers More Situations Than Many Employees Realize
The Law Covers More Situations Than Many Employees Realize
Protected activity can include:
Protected activity can include:
Reporting a suspected violation to a government or law enforcement agency, such as Cal/OSHA, the Labor Commissioner, a licensing board, or the police.
Reporting a suspected violation to a government or law enforcement agency, such as Cal/OSHA, the Labor Commissioner, a licensing board, or the police.
Reporting internally to a supervisor or manager with authority over you, or to another employee with authority to investigate, discover, or correct the violation, such as human resources or a compliance officer.
Reporting internally to a supervisor or manager with authority over you, or to another employee with authority to investigate, discover, or correct the violation, such as human resources or a compliance officer.
Providing information to, or testifying before, a public body that is conducting an investigation, hearing, or inquiry.
Providing information to, or testifying before, a public body that is conducting an investigation, hearing, or inquiry.
Refusing to participate in an activity that would result in a violation of a statute, rule, or regulation. (Lab. Code, § 1102.5, subd. (c).)
Refusing to participate in an activity that would result in a violation of a statute, rule, or regulation. (Lab. Code, § 1102.5, subd. (c).)
Being seen as a whistleblower. The law also protects an employee whose employer believes the employee disclosed, or may disclose, information about a violation. (Lab. Code, § 1102.5, subd. (b).)
Being seen as a whistleblower. The law also protects an employee whose employer believes the employee disclosed, or may disclose, information about a violation. (Lab. Code, § 1102.5, subd. (b).)
Exercising these rights at a former job. An employer cannot retaliate against you for whistleblowing you did for a previous employer. (Lab. Code, § 1102.5, subd. (d).)
Exercising these rights at a former job. An employer cannot retaliate against you for whistleblowing you did for a previous employer. (Lab. Code, § 1102.5, subd. (d).)
Being related to a whistleblower. An employer cannot retaliate against an employee because the employee is a family member of someone who engaged, or is perceived to have engaged, in protected activity. (Lab. Code, § 1102.5, subd. (h).)
Being related to a whistleblower. An employer cannot retaliate against an employee because the employee is a family member of someone who engaged, or is perceived to have engaged, in protected activity. (Lab. Code, § 1102.5, subd. (h).)
Your Reasons & Your Job Duties Do Not Defeat Protection
Your Reasons & Your Job Duties Do Not Defeat Protection
Your Reasons & Your Job Duties Do Not Defeat Protection
Section 1102.5 protects a disclosure “regardless of whether disclosing the information is part of the employee’s job duties.” (Lab. Code, § 1102.5, subd. (b).) California’s civil jury instructions add that whether a disclosure is protected depends on its content, so the employee’s personal motivation for making the report is irrelevant. The instructions also provide that a disclosure is protected even when the employer or agency already knew about the information. (CACI No. 4603.)
Section 1102.5 protects a disclosure “regardless of whether disclosing the information is part of the employee’s job duties.” (Lab. Code, § 1102.5, subd. (b).) California’s civil jury instructions add that whether a disclosure is protected depends on its content, so the employee’s personal motivation for making the report is irrelevant. The instructions also provide that a disclosure is protected even when the employer or agency already knew about the information. (CACI No. 4603.)
What Section 1102.5 Does Not Cover
What Section 1102.5 Does Not Cover
Complaints about policies an employee believes are merely unwise, wasteful, or poorly managed are not protected unless the employee reasonably believed those policies violated a statute, rule, or regulation. (CACI No. 4603.) General disagreements about management decisions usually do not qualify.
Complaints about policies an employee believes are merely unwise, wasteful, or poorly managed are not protected unless the employee reasonably believed those policies violated a statute, rule, or regulation. (CACI No. 4603.) General disagreements about management decisions usually do not qualify.
Examples of Whistleblowing We See in the Central Valley
Examples of Whistleblowing We See in the Central Valley
Examples of Whistleblowing We See in the Central Valley
Examples include:
Examples include:
Reporting unsafe working conditions in warehouses, distribution centers, farms, or construction sites.
Reporting unsafe working conditions in warehouses, distribution centers, farms, or construction sites.
Reporting unpaid wages, missed meal and rest breaks, or misclassification of employees as independent contractors
Reporting unpaid wages, missed meal and rest breaks, or misclassification of employees as independent contractors
Raising patient safety concerns at hospitals, clinics, nursing homes, or correctional health care facilities
Raising patient safety concerns at hospitals, clinics, nursing homes, or correctional health care facilities
Reporting billing fraud involving Med-Cal, Medicare, or other public funds
Reporting billing fraud involving Med-Cal, Medicare, or other public funds
Reporting misuse of public funds or falsified records at a state or local agency
Reporting misuse of public funds or falsified records at a state or local agency
Refusing to falsify inspection reports, time records, or safety logs
Refusing to falsify inspection reports, time records, or safety logs
What Retaliation Looks Like
What Retaliation Looks Like
What Retaliation Looks Like
Retaliation can take many forms beyond a termination letter. Common forms include:
Retaliation can take many forms beyond a termination letter. Common forms include:
Termination or forced resignation
Termination or forced resignation
Demotion or loss of supervisory duties
Demotion or loss of supervisory duties
Suspension, with or without pay
Suspension, with or without pay
Reduced hours, shifts, overtime, or pay
Reduced hours, shifts, overtime, or pay
Transfer to a less desirable position, location, or shift
Transfer to a less desirable position, location, or shift
Sudden negative performance reviews or write-ups after years of good evaluations
Sudden negative performance reviews or write-ups after years of good evaluations
Exclusion from training, promotions, or assignments
Exclusion from training, promotions, or assignments
Investigations opened to find a reason for discipline
Investigations opened to find a reason for discipline
Hostile treatment by supervisors or coworkers that management encourages or ignores
Hostile treatment by supervisors or coworkers that management encourages or ignores
To support a claim, the employer’s conduct generally must materially affect the terms, conditions, or privileges of your employment. Courts evaluate this question the same way they do under California’s Fair Employment and Housing Act. (CACI No. 4603, Directions for Use.) Minor slights usually are not enough, so it helps to document each change in how you are treated.
To support a claim, the employer’s conduct generally must materially affect the terms, conditions, or privileges of your employment. Courts evaluate this question the same way they do under California’s Fair Employment and Housing Act. (CACI No. 4603, Directions for Use.) Minor slights usually are not enough, so it helps to document each change in how you are treated.
The "Contributing Factor" Standard Favors Employees
The "Contributing Factor" Standard Favors Employees
The "Contributing Factor" Standard Favors Employees
For years, some courts evaluated whistleblower claims using a framework that required employees to prove the employer’s stated reason for firing them was false. In 2022, the California Supreme Court rejected that approach. The Court held that “section 1102.6, and not McDonnell Douglas, supplies the applicable framework for litigating and adjudicating section 1102.5 whistleblower claims.” (Lawson, supra, 12 Cal.5th at p. 712.)
For years, some courts evaluated whistleblower claims using a framework that required employees to prove the employer’s stated reason for firing them was false. In 2022, the California Supreme Court rejected that approach. The Court held that “section 1102.6, and not McDonnell Douglas, supplies the applicable framework for litigating and adjudicating section 1102.5 whistleblower claims.” (Lawson, supra, 12 Cal.5th at p. 712.)
Under Labor Code section 1102.6, a whistleblower case proceeds in two steps:
Under Labor Code section 1102.6, a whistleblower case proceeds in two steps:
The employee must show, by a preponderance of the evidence, that the protected whistleblowing was a contributing factor in the termination or other adverse action.
The employee must show, by a preponderance of the evidence, that the protected whistleblowing was a contributing factor in the termination or other adverse action.
If the employee makes that showing, the burden shifts to the employer to prove, by clear and convincing evidence, that it would have taken the same action for legitimate, independent reasons even if the employee had not engaged in protected activity. (Lab. Code, § 1102.6.)
If the employee makes that showing, the burden shifts to the employer to prove, by clear and convincing evidence, that it would have taken the same action for legitimate, independent reasons even if the employee had not engaged in protected activity. (Lab. Code, § 1102.6.)
The contributing factor standard is meaningful. California’s jury instructions define it this way: “A ‘contributing factor’ is any factor, which alone or in connection with other factors, tends to affect the outcome of a decision. A contributing factor can be proved even when other legitimate factors also contributed to the employer’s decision.” (CACI No. 4603.) The Supreme Court has said the same: “This means plaintiffs may satisfy their burden of proving unlawful retaliation even when other, legitimate factors also contributed to the adverse action.” (Lawson, supra, 12 Cal.5th at pp. 713-714.)
Employers often defend these cases by pointing to performance problems or a reorganization. Under section 1102.6, that explanation does not end the case. If your report played a part in the decision, the employer must prove by clear and convincing evidence, a higher standard than in most civil cases, that it would have made the same decision anyway.
The contributing factor standard is meaningful. California’s jury instructions define it this way: “A ‘contributing factor’ is any factor, which alone or in connection with other factors, tends to affect the outcome of a decision. A contributing factor can be proved even when other legitimate factors also contributed to the employer’s decision.” (CACI No. 4603.) The Supreme Court has said the same: “This means plaintiffs may satisfy their burden of proving unlawful retaliation even when other, legitimate factors also contributed to the adverse action.” (Lawson, supra, 12 Cal.5th at pp. 713-714.)
Employers often defend these cases by pointing to performance problems or a reorganization. Under section 1102.6, that explanation does not end the case. If your report played a part in the decision, the employer must prove by clear and convincing evidence, a higher standard than in most civil cases, that it would have made the same decision anyway.
Protections for State Workers and Other Public Employees
Protections for State Workers and Other Public Employees
Protections for State Workers and Other Public Employees
Because of our location, many of the whistleblowers we represent work for California state agencies, including correctional institutions, state hospitals, and departments headquartered in Sacramento. Others work for counties, cities, and school districts in San Joaquin County and the surrounding area.
Because of our location, many of the whistleblowers we represent work for California state agencies, including correctional institutions, state hospitals, and departments headquartered in Sacramento. Others work for counties, cities, and school districts in San Joaquin County and the surrounding area.
Public employees have important protections, but their cases can involve additional rules:
Public employees have important protections, but their cases can involve additional rules:
Section 1102.5 applies to government employees, and a report by a government employee to their own employer counts as a disclosure to a government or law enforcement agency. (Lab. Code, § 1102.5, subd. (e).)
Section 1102.5 applies to government employees, and a report by a government employee to their own employer counts as a disclosure to a government or law enforcement agency. (Lab. Code, § 1102.5, subd. (e).)
State employees may also have rights under the California Whistleblower Protection Act (Gov. Code, § 8547 et seq.). To pursue a damages action under that Act, a state employee must first file a complaint with the State Personnel Board, and that complaint must be filed within 12 months of the most recent act of reprisal. (Gov. Code, § 8547.8, subds. (a), (c).)
State employees may also have rights under the California Whistleblower Protection Act (Gov. Code, § 8547 et seq.). To pursue a damages action under that Act, a state employee must first file a complaint with the State Personnel Board, and that complaint must be filed within 12 months of the most recent act of reprisal. (Gov. Code, § 8547.8, subds. (a), (c).)
Some claims against public entities require a written government claim before a lawsuit can be filed. Depending on the type of claim, the deadline to present it is six months or one year after the claim accrues. (Gov. Code, § 911.2, subd. (a).)
Some claims against public entities require a written government claim before a lawsuit can be filed. Depending on the type of claim, the deadline to present it is six months or one year after the claim accrues. (Gov. Code, § 911.2, subd. (a).)
If you work for a public agency, talk to a lawyer early. Missing an administrative step or a claim deadline can jeopardize an otherwise strong case.
If you work for a public agency, talk to a lawyer early. Missing an administrative step or a claim deadline can jeopardize an otherwise strong case.
Other California Laws that Protect Employees Who Speak Up
Other California Laws that Protect Employees Who Speak Up
Other California Laws that Protect Employees Who Speak Up
Section 1102.5 is one of several California laws that protect employees who report problems. Depending on the facts, your case may also involve:
Section 1102.5 is one of several California laws that protect employees who report problems. Depending on the facts, your case may also involve:
Labor Code section 98.6, which protects employees who complain that they are owed unpaid wages or who exercise other rights under the Labor Code. If the employer takes adverse action within 90 days of the protected activity, the law creates a rebuttable presumption in the employee’s favor. (Lab. Code, § 98.6, subd. (b)(1).)
Labor Code section 98.6, which protects employees who complain that they are owed unpaid wages or who exercise other rights under the Labor Code. If the employer takes adverse action within 90 days of the protected activity, the law creates a rebuttable presumption in the employee’s favor. (Lab. Code, § 98.6, subd. (b)(1).)
Labor Code section 6310, which protects employees who complain about workplace health and safety or report a work-related injury or illness. (Lab. Code, § 6310, subd. (a).)
Labor Code section 6310, which protects employees who complain about workplace health and safety or report a work-related injury or illness. (Lab. Code, § 6310, subd. (a).)
Health and Safety Code section 1278.5, which protects health facility employees, members of the medical staff, and other health care workers who report concerns about the quality of care, services, or conditions at the facility. (Health & Saf. Code, § 1278.5, subd. (b)(1).)
Health and Safety Code section 1278.5, which protects health facility employees, members of the medical staff, and other health care workers who report concerns about the quality of care, services, or conditions at the facility. (Health & Saf. Code, § 1278.5, subd. (b)(1).)
Government Code section 12940, subdivision (h), which protects employees who oppose discrimination or harassment, or who file a complaint, testify, or assist in a proceeding under California’s Fair Employment and Housing Act. (Gov. Code, § 12940, subd. (h).) If you reported sexual harassment, see our page on sexual harassment claims.
Government Code section 12940, subdivision (h), which protects employees who oppose discrimination or harassment, or who file a complaint, testify, or assist in a proceeding under California’s Fair Employment and Housing Act. (Gov. Code, § 12940, subd. (h).) If you reported sexual harassment, see our page on sexual harassment claims.
Wrongful termination in violation of public policy, a common-law claim that can apply when an employee is fired for reporting violations of important public policies.
Wrongful termination in violation of public policy, a common-law claim that can apply when an employee is fired for reporting violations of important public policies.
Many cases involve more than one of these laws, and identifying every available claim early can affect both the remedies and the deadlines.
Many cases involve more than one of these laws, and identifying every available claim early can affect both the remedies and the deadlines.
What Compensation Can You Recover?
What Compensation Can You Recover?
What Compensation Can You Recover?
A successful whistleblower retaliation claim may allow you to recover:
A successful whistleblower retaliation claim may allow you to recover:
Lost wages and benefits
Lost wages and benefits
Future lost earnings if you cannot return to comparable work
Future lost earnings if you cannot return to comparable work
Damages for emotional distress
Damages for emotional distress
A civil penalty of up to $10,000 for each violation, awarded to the employee who was retaliated against (Lab. Code, § 1102.5, subd. (f)(1))
A civil penalty of up to $10,000 for each violation, awarded to the employee who was retaliated against (Lab. Code, § 1102.5, subd. (f)(1))
Reasonable attorney’s fees (Lab. Code, § 1102.5, subd. (j))
Reasonable attorney’s fees (Lab. Code, § 1102.5, subd. (j))
Punitive damages in some cases against private employers
Punitive damages in some cases against private employers
Reinstatement to your position, in appropriate cases
Reinstatement to your position, in appropriate cases
How Long Do You Have to File?
How Long Do You Have to File?
How Long Do You Have to File?
Many claims under section 1102.5 are subject to a three-year statute of limitations. (See Code Civ. Proc., § 338, subd. (a) [three years for “[a]n action upon a liability created by statute, other than a penalty or forfeiture”].) Other claims arising from the same events can have much shorter deadlines, particularly for public employees and for claims that require an administrative complaint first. Because the deadlines vary, the safest approach is to speak with an employment lawyer as soon as you suspect retaliation.
Many claims under section 1102.5 are subject to a three-year statute of limitations. (See Code Civ. Proc., § 338, subd. (a) [three years for “[a]n action upon a liability created by statute, other than a penalty or forfeiture”].) Other claims arising from the same events can have much shorter deadlines, particularly for public employees and for claims that require an administrative complaint first. Because the deadlines vary, the safest approach is to speak with an employment lawyer as soon as you suspect retaliation.
What to Do if You Are Facing Retaliation
What to Do if You Are Facing Retaliation
What to Do if You Are Facing Retaliation
If you reported a violation and your employer's treatment of you has changed, these steps can help protect your rights:
If you reported a violation and your employer's treatment of you has changed, these steps can help protect your rights:
Write down what you reported, when you reported it, how you reported it, and to whom.
Write down what you reported, when you reported it, how you reported it, and to whom.
Keep copies of emails, text messages, evaluations, and discipline that you are permitted to keep. Do not take confidential records, patient information, or documents you are not authorized to access.
Keep copies of emails, text messages, evaluations, and discipline that you are permitted to keep. Do not take confidential records, patient information, or documents you are not authorized to access.
Keep doing your job and follow workplace rules, so your employer cannot point to new misconduct.
Keep doing your job and follow workplace rules, so your employer cannot point to new misconduct.
Put complaints and concerns in writing when you can.
Put complaints and concerns in writing when you can.
Do not sign a severance agreement or release before having it reviewed by a lawyer.
Do not sign a severance agreement or release before having it reviewed by a lawyer.
Contact an employment lawyer before any deadline passes.
Contact an employment lawyer before any deadline passes.
Why Work With Schwinghamer Law?
When you report wrongdoing and your employer turns on you, you need a lawyer who will investigate thoroughly and is prepared to try your case. Schwinghamer Law offers:
Trial experience. Our firm has been part of trial teams that obtained verdicts from San Joaquin County juries, including a $1.8 million employment verdict against a state agency.
Experience with public employers. We regularly represent employees of state agencies and local government and understand the procedural rules that apply to their claims.
Contingency fee representation. We handle whistleblower retaliation cases on a contingency fee basis, so you do not pay attorney's fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer, who will explain your options and keep you informed throughout your case.
Why Work With Schwinghamer Law?
When you report wrongdoing and your employer turns on you, you need a lawyer who will investigate thoroughly and is prepared to try your case. Schwinghamer Law offers:
Trial experience. Our firm has been part of trial teams that obtained verdicts from San Joaquin County juries, including a $1.8 million employment verdict against a state agency.
Experience with public employers. We regularly represent employees of state agencies and local government and understand the procedural rules that apply to their claims.
Contingency fee representation. We handle whistleblower retaliation cases on a contingency fee basis, so you do not pay attorney's fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer, who will explain your options and keep you informed throughout your case.
Why Work With Schwinghamer Law?
When you report wrongdoing and your employer turns on you, you need a lawyer who will investigate thoroughly and is prepared to try your case. Schwinghamer Law offers:
Trial experience. Our firm has been part of trial teams that obtained verdicts from San Joaquin County juries, including a $1.8 million employment verdict against a state agency.
Experience with public employers. We regularly represent employees of state agencies and local government and understand the procedural rules that apply to their claims.
Contingency fee representation. We handle whistleblower retaliation cases on a contingency fee basis, so you do not pay attorney's fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer, who will explain your options and keep you informed throughout your case.
Whistleblower Retaliation FAQs
Whistleblower Retaliation FAQs
Whistleblower Retaliation FAQs
Do I have to report to a government agency to be protected?
Do I have to report to a government agency to be protected?
No. Section 1102.5 protects reports made to a government or law enforcement agency, but it also protects reports made internally to a person with authority over you or to another employee with authority to investigate, discover, or correct the violation. (CACI No. 4603.) Reporting a problem to your supervisor, manager, or human resources department can be protected activity.
No. Section 1102.5 protects reports made to a government or law enforcement agency, but it also protects reports made internally to a person with authority over you or to another employee with authority to investigate, discover, or correct the violation. (CACI No. 4603.) Reporting a problem to your supervisor, manager, or human resources department can be protected activity.
What if I was wrong about the violation?
What if I was wrong about the violation?
You can still be protected. The law asks whether you had reasonable cause to believe the information disclosed a violation of a statute, rule, or regulation. (CACI No. 4603.) An honest, reasonable belief is what matters, even if an investigation later finds no violation occurred.
You can still be protected. The law asks whether you had reasonable cause to believe the information disclosed a violation of a statute, rule, or regulation. (CACI No. 4603.) An honest, reasonable belief is what matters, even if an investigation later finds no violation occurred.
Is a report protected if it was part of my job to make it?
Is a report protected if it was part of my job to make it?
Yes. Section 1102.5 protects disclosures “regardless of whether disclosing the information is part of the employee’s job duties.” (Lab. Code, § 1102.5, subd. (b).) Compliance officers, auditors, nurses, safety managers, and other employees whose jobs involve reporting problems are protected under section 1102.5.
Yes. Section 1102.5 protects disclosures “regardless of whether disclosing the information is part of the employee’s job duties.” (Lab. Code, § 1102.5, subd. (b).) Compliance officers, auditors, nurses, safety managers, and other employees whose jobs involve reporting problems are protected under section 1102.5.
My employer says I was fired for poor performance. Do I still have a case?
My employer says I was fired for poor performance. Do I still have a case?
Possibly. Under Labor Code section 1102.6, you must show that your whistleblowing was a contributing factor in the decision. If you do, your employer must prove by clear and convincing evidence that it would have fired you anyway for legitimate, independent reasons. (Lab. Code, § 1102.6; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 712.) Timing, prior evaluations, and how others were treated are often important evidence.
Possibly. Under Labor Code section 1102.6, you must show that your whistleblowing was a contributing factor in the decision. If you do, your employer must prove by clear and convincing evidence that it would have fired you anyway for legitimate, independent reasons. (Lab. Code, § 1102.6; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 712.) Timing, prior evaluations, and how others were treated are often important evidence.
Can I be punished for refusing to do something illegal?
Can I be punished for refusing to do something illegal?
No. Section 1102.5 prohibits retaliation against an employee for refusing to participate in an activity that would result in a violation of a statute, rule, or regulation. (Lab. Code, § 1102.5, subd. (c).) Examples include refusing to falsify records, alter time cards, or ignore safety requirements.
No. Section 1102.5 prohibits retaliation against an employee for refusing to participate in an activity that would result in a violation of a statute, rule, or regulation. (Lab. Code, § 1102.5, subd. (c).) Examples include refusing to falsify records, alter time cards, or ignore safety requirements.
Does section 1102.5 protect state and county employees?
Does section 1102.5 protect state and county employees?
Yes. Section 1102.5 applies to government employees, and a government employee’s report to their own employer counts as a disclosure to a government agency. (Lab. Code, § 1102.5, subd. (e).) State employees may have additional protections under the California Whistleblower Protection Act, which requires a complaint to the State Personnel Board within 12 months of the most recent act of reprisal before a damages action can be filed. (Gov. Code, § 8547.8, subds. (a), (c).) Public employee cases can involve government claim requirements and administrative procedures with short deadlines, so it is important to get legal advice quickly.
Yes. Section 1102.5 applies to government employees, and a government employee’s report to their own employer counts as a disclosure to a government agency. (Lab. Code, § 1102.5, subd. (e).) State employees may have additional protections under the California Whistleblower Protection Act, which requires a complaint to the State Personnel Board within 12 months of the most recent act of reprisal before a damages action can be filed. (Gov. Code, § 8547.8, subds. (a), (c).) Public employee cases can involve government claim requirements and administrative procedures with short deadlines, so it is important to get legal advice quickly.
How long do I have to file a whistleblower retaliation lawsuit?
How long do I have to file a whistleblower retaliation lawsuit?
Many section 1102.5 claims must be filed within three years, but related claims can have much shorter deadlines, including six-month government claim deadlines for some claims against public entities. (See Code Civ. Proc., § 338, subd. (a); Gov. Code, § 911.2, subd. (a).) The deadline that applies depends on your employer and the claims involved, so contact a lawyer promptly.
Many section 1102.5 claims must be filed within three years, but related claims can have much shorter deadlines, including six-month government claim deadlines for some claims against public entities. (See Code Civ. Proc., § 338, subd. (a); Gov. Code, § 911.2, subd. (a).) The deadline that applies depends on your employer and the claims involved, so contact a lawyer promptly.
How much does it cost to hire a whistleblower retaliation lawyer?
How much does it cost to hire a whistleblower retaliation lawyer?
Schwinghamer Law handles whistleblower retaliation cases on a contingency fee basis. That means you do not pay attorney’s fees up front, and our fee comes from the recovery in your case. We will explain the fee agreement in writing before you decide to hire us.
Schwinghamer Law handles whistleblower retaliation cases on a contingency fee basis. That means you do not pay attorney’s fees up front, and our fee comes from the recovery in your case. We will explain the fee agreement in writing before you decide to hire us.
Talk to a Stockton Whistleblower Retaliation Lawyer
Talk to a Stockton Whistleblower Retaliation Lawyer
Talk to a Stockton Whistleblower Retaliation Lawyer
If you were fired, demoted, or punished after reporting illegal conduct, you do not have to face your employer alone. Schwinghamer Law represents whistleblowers in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
If you were fired, demoted, or punished after reporting illegal conduct, you do not have to face your employer alone. Schwinghamer Law represents whistleblowers in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
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© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
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© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.