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January 2026 Blog Article by Frank Pray:
California Strengthens Protections for Employees Who Speak Up About Workplace Violations
If you’re an employee in California and you speak up about something you believe is illegal at work—such as wage theft, unsafe conditions, or other violations—the law protects you from retaliation. In recent years, those protections have become significantly stronger, making it easier for employees to prove retaliation when it happens.
What’s Changed?
A Stronger Presumption of Retaliation (90 Days)
As of 2024, if an employer takes a negative action—such as firing, demotion, or discipline—within 90 days after an employee complains about a possible legal violation, the law now presumes the action was retaliatory. This is known as a rebuttable presumption. It means the employer must prove the action was taken for a legitimate reason unrelated to the complaint.
An Easier Burden for Whistleblowers
In 2022, the California Supreme Court clarified the standard for whistleblower retaliation claims under Labor Code section 1102.5. An employee only needs to show that their complaint was a contributing factor in the employer’s adverse action. The complaint does not need to be the sole or main reason. Once this showing is made, the burden shifts to the employer to prove—with clear and convincing evidence—that it would have taken the same action anyway.
Special Rules for Health Care Workers (120 Days)
Health care workers receive additional protection. If an adverse action occurs within 120 days after a complaint, the law presumes retaliation unless the employer proves otherwise.
What Does This Mean for You?
The Burden Now Shifts to the Employer
Timing matters more than ever. If negative action closely follows a complaint, the law may start on your side, requiring the employer to justify its conduct.
You’re Protected for Speaking Up
These protections apply whether you complain internally, report violations to a government agency, or participate in an investigation.
The Law Covers Many Types of Complaints
Retaliation protections extend beyond wage issues to safety concerns, discrimination, harassment, and other legal violations.
What Should You Do If You Suspect Retaliation?
- Keep records of your complaint and any negative actions taken afterward
- Pay close attention to timing
- Consider consulting the California Labor Commissioner or an employment attorney
In Summary
California law now gives employees a stronger starting position when retaliation follows a workplace complaint. If you were punished for speaking up about illegal conduct, the law may presume the employer acted unlawfully—and require them to prove otherwise.
If you believe you’ve experienced retaliation, you may wish to seek legal advice or contact the California Labor Commissioner’s office.
