Telling Somebody At Work
Lab. Code 1102.5 — reasonable cause to believe, and no retaliation, whether or not reporting was part of the job
California protects the disclosure itself, made to the right kind of listener, by an employee with reasonable cause to believe the information shows a violation of a state or federal statute or a local, state or federal rule or regulation, whether or not disclosing it is part of the employee's job duties.
- A government or law enforcement agency.
- A person with authority over the employee, or another employee with authority to investigate, discover or correct the violation.
- A public body conducting an investigation, hearing or inquiry, by providing information or testifying.
Three kinds of retaliation the section bars. An employer may not retaliate for the disclosure, or because it believes the employee disclosed or may disclose; may not retaliate for refusing to participate in an activity that would violate a statute, rule or regulation; and may not retaliate against an employee because a family member engaged in protected acts. Nor may it adopt or enforce a rule or policy preventing such disclosures.
What it carries. In addition to other remedies, an employer is liable for a civil penalty not exceeding $10,000 per employee for each violation, awarded to the employee retaliated against. A court may award reasonable attorney's fees to a plaintiff who succeeds.
The limits. The section does not reach rules protecting the lawyer client and physician patient privileges, or trade secret information.
Federal statutes protect reports in particular fields, such as workplace safety, securities and federal contracts, with their own agencies and deadlines, and are not on this page. Whether a particular report was protected, and whether what followed was retaliation for it, are questions for a licensed California attorney.
Sources for this section (1)
- Lab. Code 1102.5 — Disclosure of information to a government or law enforcement agency; retaliation prohibited
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.