818.253.1599Here is a list of California laws that protect an employee against employer retaliation.
- Government Code section 12940
Employers are prohibited from firing or punishing employees who complain about, report, or otherwise oppose unlawful discrimination or harassment. - Government Code section 12945.2
Most employees in California have a right to take up to 12 workweeks of unpaid family or medical leave per year. When an employee has a right to take family or medical leave, the employer is prohibited from firing them for exercising it. Employers cannot interfere with an employee’s FMLA/CFRA leave rights. - Government Code section 12940
Employers cannot retaliate against employees for requesting an accommodation. Employers may be liable for wrongful termination if they discharge an employee for requesting or requiring a reasonable accommodation. - Government Code section 12945
If an employee has a legal right to take pregnancy disability leave and they are fired for taking it, the employee may have a claim for wrongful termination. - Health and Safety Code section 1278
Employees of health care facilities are protected from retaliation for reporting matter affecting patient safety. No health care facility shall discriminate or retaliate against any person who has presented a grievance, complaint or report to the facility. - Elections Code sections 14000-14002
Employers in California cannot retaliate against employees who take time off to vote in any statewide election, if the employee will not have sufficient time outside of working hours to vote. - Unemployment Insurance Code section 1237
Employers in California cannot retaliate against employees who participate in the unemployment insurance benefits process. - Military and Veterans Code section 394(d)
Employers in California cannot retaliate against employees who perform military duty. - Business & Professions Code section 2056
Employers in California cannot retaliate against employees who are advocating for medically appropriate healthcare. - Government Code section 12653
Employers in California cannot retaliate against employees who disclose violations of the False Claims Act. - Government Code section 8547
Employers in California cannot retaliate against employees who disclose violations of law or wasteful spending to the state. - Government Code section 9149.20
Employers in California cannot retaliate against employees who disclose violations of law or wasteful spending to the legislature. - Labor Code section 96(k)
Provides the Labor Commissioner with authority to be assigned claims for loss of wages that arise from retaliation for lawful conduct occurring during nonworking hours and away from the employer’s premises. - Labor Code section 98.6
Protects an employee filing or threatening to file a claim or complaint with the Labor Commissioner, instituting or causing to be instituted any proceeding relating to rights under the jurisdiction of the Labor Commissioner. - Labor Code section 230(a)
Prohibits an employer from retaliating against an employee for taking time off to serve on a jury, provided that the employee has given the employer reasonable notice. - Labor Code section 230(b)
Prohibits an employer from retaliating against an employee who is a victim of a crime for taking time off to appear in court to comply with a subpoena or court order as a witness in a judicial proceeding. - Labor Code section 230(c)
Prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, and/or stalking, who is a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or who is a person whose immediate family member is deceased as the direct result of a crime (regardless of whether there is an arrest, prosecution, or conviction for committing the crime), for taking time off from work to obtain or attempt to obtain relief. - Labor Code section 230(e)
Prohibits an employer from discharging or retaliating against an employee because of his or her status as a victim of crime or abuse, provided that the victim provides notice to employer of the status or the employer has actual knowledge of the status. - Labor Code section 230(f)
An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, and/or stalking, a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or a person whose immediate family member is deceased as the direct result of a crime (regardless of whether there is an arrest, prosecution, or conviction for committing the crime), who requests an accommodation for the victim’s safety while at work. - Labor Code section 230.1
An employer with 25 or more employees is prohibited from retaliating against an employee who is a victim of domestic violence, sexual assault, and/or stalking, who is a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury, or who is a person whose immediate family member is deceased as a direct result of a crime (regardless of whether there is an arrest, prosecution, or conviction for committing the crime), - Labor Code section 230.2(b)
An employee who is a victim of a crime, an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim is allowed to take time off from work to attend judicial proceedings related to that crime. - Labor Code section 230.4
Labor Code section 230.4 protects an employee who is a volunteer fire fighter, reserve peace officer, or emergency rescue personnel and provides that they can take up to 14 days off per calendar year to engage in fire or law enforcement training. This statute applies to employers with 50 or more employees. - Labor Code section 230.5
Labor Code section 230.5 prohibits an employer from retaliating against an employee who is a victim of certain offenses for taking time off to appear in court at any proceeding. - Labor Code section 230.7
Labor Code section 230.7 prohibits an employer from retaliating against an employee who is a parent or guardian of a student for taking time off from work to appear at the student’s school. - Labor Code section 230.8
Labor Code section 230.8 prohibits an employer with 25 or more employees from retaliating against an employee who is the parent of a child for taking off up to 40 hours a year, but no more than 8 hours per month, to participate in the child’s school activities, to locate or enroll the child in school or child care, or for school emergencies (no 8 hour restriction for school emergencies). - Labor Code sections 232
Labor Code section 232 prohibits an employer from discharging or retaliating against an employee for disclosing his or her wages. Employers also cannot require an employee to sign a waiver or other document denying the employee the right to disclose his or her wages or otherwise require that an employee refrain from disclosing his or her wages. - Labor Code section 232.5
Labor Code section 232.5 prohibits an employer from discharging or retaliating against an employee who discusses or discloses information about the employer’s working conditions. Employers also cannot require that an employee sign a waiver or other document denying the employee the right to discuss or disclose information about the employer’s working conditions or otherwise require that an employee refrain from disclosing information about the employer’s working conditions. - Labor Code section 233
Employers providing sick leave for their employees must permit employees to use, in a calendar year, the employee’s accrued and available sick leave, in an amount not less than the sick leave that would have accrued during six months. Employees are permitted to use sick leave. - Labor Code section 234
An employer’s absence control policy that counts sick leave taken under Labor Code section 233as an absence that may lead to discipline, discharge, demotion, or suspension is a violation of law. - Labor Code section 244
Labor Code section 244 provides that reporting or threatening to report the suspected or actual immigration status of an employee, former employee, or prospective employee who has exercised a right under the Labor Code, Government Code, or Civil Code to any government agency constitutes an adverse action. - Labor Code sections 246.5
An employer cannot deny employees the right to use accrued sick days and is prohibited from otherwise retaliating against an employee who uses sick leave, attempts to use accrued sick leave, files a complaint regarding sick leave, alleges a violation of paid sick leave rights, cooperates in an investigation or prosecution regarding sick leave, or opposes a policy or practice that violates California sick leave law. - Labor Code section 432.3
Labor Code section 432.3 prohibits an employer from using a prospective employee’s salary history to determine whether to make an offer of employment and to determine at what salary to make the offer of employment. An employer is also prohibited from seeking personally, or through an agent, the applicant’s salary history. - Labor Code section 432.6
Labor Code section 432.6 prohibits employers from conditioning employment or receipt of benefits on the waiver of any right, forum or procedure for violations of the Labor Code or Fair Employment and Housing Act, including filing a lawsuit or administrative claim. - Labor Code section 432.7
Labor Code section 432.7(a)(1) prohibits an employer from asking for an applicant to disclose information regarding an arrest or detention that did not result in conviction, or information regarding a referral to or participation in a diversion program or a conviction that was judicially dismissed or ordered to be sealed. - Labor Code section 432.7(a)(2) prohibits an employer from asking an applicant to disclose any information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was under the jurisdiction of the juvenile court.
- Labor Code section 432.8
Labor Code section 432.8 applies the limitations to certain violations related to the possession of marijuana. - Labor Code section 752
Ensures that employees in non-unionized smelters or underground mines have a right to a fair and impartial election to establish a workday greater than eight hours. - Labor Code section 1019
Labor Code section 1019 makes it unlawful to engage in “unfair immigration-related practices” against any person for the purpose of retaliating against that person for exercising rights under the Labor Code or local ordinances related to employees. - Labor Code section 1019.1
Labor Code section 1019.1 provides that it is unlawful for an employer to request more or different work authorization documents than required by federal law, refuse to accept work authorization documents that reasonably appear to be genuine on their face, refuse to honor documents or work authorization based on the specific status or term of status that accompanies the authorization to work, or attempt to reinvestigate or reverify a current employee’s authorization to work using an unfair immigration-related practice. - Labor Code section 1019.2
Labor Code section 1019.2 prohibits an employer, or a person acting on behalf of an employer, from reverifying the employment eligibility of any current employee at a time or in a manner. - Labor Code section 1024.5
Labor Code section 1024.5 prohibits the use of a consumer credit report for employment purposes unless the position of the person for whom the report is sought falls under certain enumerated exemptions. - Labor Code section 1024.6
Labor Code section 1024.6 prohibits an employer from discharging or retaliating against an employee who updates or attempts to update his or her personal information based on a lawful change of name, social security number, or federal work authorization document. - Labor Code sections 1025-1028
A private employer with 25 or more employees must provide reasonable accommodations for an employee to participate in a drug or alcohol rehabilitation program. - Labor Code sections 1030-1033
Employers are prohibited from discharging or in any manner retaliating against an employee for exercising or attempting to exercise any right under the state lactation accommodations laws to express milk for the employee’s infant child. - Labor Code section 1041-1044
A private employer with 25 or more employees shall reasonably accommodate and assist an employee who reveals issues with illiteracy and requests the employer’s assistance in enrolling in an adult literacy program. - Labor Code section 1101
Labor Code section 1101 prohibits an employer from preventing employees from engaging or participating in politics or preventing employees from becoming candidates for public office. An employer also cannot control or direct the political affiliations or activities of employees. - Labor Code section 1102
Labor Code section 1102 prohibits an employer from coercing, influencing, or attempting to coerce or influence an employee to follow or refrain from following a particular course of political action or activity. - Labor Code section 1102.5
Subsection (a) prohibits an employer, or any person acting on behalf of the employer, from making, adopting, or enforcing any rule, regulation, or policy that prevents an employee who believes that he or she is disclosing a violation of state or federal statute, or a violation or noncompliance with a local, state or federal rule or regulation: (1) from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the issue; or (2) from providing information or providing to a public body conducting an investigation, hearing or inquiry.Subsection (b) protects against retaliation for disclosing information, or because an employer believes an employee has disclosed information or may disclose information, to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has the authority to investigate, discover, or correct a violation, where an employee reasonably believes that the information discloses a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.Subsection (c) protects an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.
- Labor Code section 1171
Labor Code section 1171 prohibits an employer from retaliating against an individual participating in a national service program, like AmeriCorps, for refusing to work overtime for any legitimate reason. - Labor Code section 1197.5
Employees cannot be paid less than an employee of the opposite sex or another race or ethnicity for substantially similar work, when the work is viewed in light of skill, effort, and responsibility, and when performed under similar working conditions. - Labor Code section 1198.3
Labor Code section 1198.3 prohibits an employer from discharging or retaliating against an employee who refuses to work hours in excess of those permitted by applicable Industrial Welfare Commission orders. - Labor Code section 1311.5
Provides for treble damages when an individual is retaliated against because he or she filed a claim or civil action alleging a Labor Code violation that arose when the individual was a minor. Such damages are available whether the claim or civil action was filed before or after the individual reached the age of majority. - Labor Code section 1512
Prohibits an employer from discharging or retaliating against an employee who takes a leave of absence for organ or bone marrow donation. - Labor Code section 2102
Prohibits a warehouse distribution center employer, as defined in Labor Code section 2100(f), from subjecting an employee to an adverse employment action for failing to meet a quota that does not allow a worker to comply with meal and rest periods, bathroom breaks, or occupational health and safety laws in the Labor Code or division standards, or for failing to meet a quota that has not been disclosed to the employee pursuant to Section 2101. - Labor Code section 2104
Provides a current or former warehouse distribution center employees with a right to request a description of their quotas and their personal work speed data for the last 90 days. - Labor Code section 2105
Creates a rebuttable presumption of retaliation if an employer takes an adverse action against an employee within 90 days of initiating the employee’s first request in a calendar year for information about a quota or personal work speed data or making a complaint alleging any violation of Sections 2101 to 2104, inclusive, to the Labor Commissioner, the Division of Occupational Safety and Health, other local or state governmental agency, or the employer. - Labor Code section 2810.8
Prohibits an employer from retaliating against a laid off employee who exercises their recall rights related to the COVID-19 pandemic. - Labor Code section 2814
Except as required by federal law or as a condition of receiving federal funds, an employer cannot use E-Verify to check the work authorization status of a current employee or applicant for employment who has not been offered employment. - Labor Code section 2929
Prohibits an employer from discharging an employee because garnishment of the employee’s wages has been threatened or because his or her wages have been subjected to garnishment for the payment of one judgment. The employee shall give notice to his or her employer of his or her intention to make a wage claim within 30 days after being discharged, and file a wage claim with the Labor Commissioner within 60 days after being discharged if he or she desires that the Labor Commissioner take assignment of the wage claim. - Labor Code section 2930
Protects an employee who is disciplined or discharged based on a shopping investigator’s report of the employee’s conduct, performance, or honesty when the employee was not provided with of copy of the report before the discipline or discharge. - Labor Code section 6310
Prohibits an employer from retaliating against an employee who complains about safety or health conditions or practices at the workplace, institutes or testifies in any proceedings relating to the employee’s rights to safe and healthful working conditions, exercises any rights under the federal or California law relating to occupational health and safety, or participates in an occupational health and safety committee. - Labor Code section 6311
Provides the right to refuse to perform work that would violate any occupational safety or health standard or any safety order of the division or standards board if the violation would create a real and apparent hazard to the employee or his or her fellow employees. - Labor Code section 6399.7
Prohibits an employer from retaliating against an employee who complains or testifies about non-compliance with the Hazardous Substances Information and Training Act. - Labor Code section 6403.5
Protects an employee who refuses to lift, reposition, or transfer a patient due to the health care worker’s concerns about patient or worker safety or because of the lack of trained lift team personnel or equipment. - Labor Code section 6409.6
Prohibits an employer from retaliating against a worker for disclosing a positive COVID-19 test or diagnosis or order to quarantine or isolate. - Health and Safety Code section 1596.881and 882
Protects an employee who: (1) complains about the violation of any licensing or other laws relating to child day care facilities (e.g., staff-child ratios, transportation of children, or child abuse), (2) institutes or cause to be instituted any proceeding against the employer relating to the violation of any licensing or other laws, (3) appears as a witness or testifies in a proceeding relating to the violation of any licensing or other laws, or (4) refuses to perform work in violation of a licensing or other law or regulation after notifying the employer of the violation. - Unemployment Insurance Code section 1237
Prohibits an employer from discharging or retaliating against an employee who seeks information from the Employment Development Department (EDD) concerning rights under the Unemployment Insurance Code or Labor Code, cooperates with any investigation undertaken by EDD, or testifies in any proceeding brought pursuant to the Unemployment Insurance Code or the Labor Code. - IWC Orders 1 through 13, section 3(C)(8); IWC Order 16, section 3(C)(7); and IWC Order 17, section 5 “Election Procedures” (H)
Employees who express an opinion regarding an alternative workweek election or oppose or support its adoption or repeal are protected.
Sources: https://www.dir.ca.gov/dlse/HowToFileLinkCodeSections.htm