Workers sometimes need to act as whistleblowers. If they learn about illegal company conduct or significant safety violations, they may need to report the matter within the company or possibly to regulatory authorities.
Whistleblowers are a protected class. California state law extends protections to whistleblowers that align with similar protections enshrined in federal statutes. Workers who report issues with their employers may need to monitor their circumstances carefully and keep records of any conduct that could constitute retaliation, including the three common forms of retaliation below.
1. Unfavorable transfers
Sometimes, management resolves complaints about sexual harassment or safety violations by moving the worker who filed the report to a different shift, department or facility. In scenarios where the worker did not request the transfer and where the transfer could have negative consequences, that could constitute retaliation.
2. Poor performance reviews
Performance improvement plans are often a way for companies to hide retaliatory conduct. If an employee has continued to perform the same quality of work but the company now returns a lower assessment of their job performance, that may be a poorly-hidden attempt to justify future decisions denying the worker opportunities or even terminating their job.
3. A sudden termination or layoff
Technically, employers can terminate most workers without advanced notice or justification under California’s at-will employment statutes. However, when a termination follows whistleblowing activities, the worker who loses their job may question whether the company chose to lay them off or terminate them because of their protected whistleblowing acts.
In cases where employees have experienced unlawful retaliation, they may have grounds to initiate employment litigation. Understanding what constitutes retaliation can make it easier for workers to recognize violations of their rights and the law.