What counts as protected whistleblowing
Under §1102.5, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, to a person with authority over the employee or with authority to investigate the violation, or to a public body conducting an investigation, if the employee has reasonable cause to believe the information discloses a violation of a state or federal statute or a local, state or federal rule or regulation. Internal reports to a manager or compliance team can be protected, not only reports to the government.
You do not have to be right that the law was broken. What counts is that your belief was reasonable. The law also protects employees who refuse to participate in an activity that would violate the law, and it generally applies even if reporting the issue was part of your job duties.
How a retaliation claim is proven
Labor Code §1102.6 sets the framework. The employee must first show that the protected activity was a contributing factor in the adverse action. Then the burden shifts to the employer, which must show by clear and convincing evidence that it would have taken the same action anyway for legitimate, independent reasons. This framework is more favorable to employees than the standard used for many other claims.
Evidence often comes from timing, from a change in how you were treated after you spoke up, from inconsistent explanations, and from how other employees were treated. Write down what you reported, to whom, when and how, and keep copies of emails or messages you sent. Do not take confidential documents you are not allowed to keep.
Where to file and how fast
You can file a retaliation complaint with the Labor Commissioner's Office, which generally must be filed within one year of the retaliation (Labor Code §98.7). Filing with the Labor Commissioner is optional for many claims; a lawsuit in Superior Court is often possible as well, with its own limitation periods. Some federal laws, for example for certain securities, safety or government-contractor reports, have their own and often very short deadlines.
Because the right route depends on what you reported and to whom, an employment attorney can compare the options before you file or sign a severance agreement that would release these claims.
Your next steps
- A reasonable belief that the law was broken is enough; you do not have to prove the violation.
- Write down what you reported, to whom and when, and keep the messages you sent.
- A Labor Commissioner retaliation complaint generally must be filed within one year.
Sources and legal basis
- California Labor Code §1102.5
- California Labor Code §1102.6 (burden of proof)
- California Labor Code §98.7 (retaliation complaints)
- Labor Commissioner: how to file a retaliation complaint
- Labor Commissioner: retaliation FAQ
General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.