You report what you reasonably believe is a violation of California law at work, and a few weeks later your employer suddenly demotes you or ends your employment. It is natural to wonder whether the two events are connected. Under California law, the timing may matter. Senate Bill 497 created a 90-day rebuttable presumption that may help certain employees establish a retaliation claim under covered Labor Code protections.
What does the 90-day rule mean?
The 90-day rule can make an employee’s initial showing easier in qualifying whistleblower cases. When the requirements apply, the law creates a rebuttable presumption that the employer’s adverse action followed the protected activity. An employer’s action could include termination, demotion or another unfavorable employment decision. The employer can challenge the presumption, so the timing alone does not decide the case. The employer may present evidence showing that it would have taken the same action for legitimate, independent reasons.
What workplace actions may be protected?
Protected activity under California’s whistleblower law can include reporting conduct an employee reasonably believes violates a state or federal law or regulation. An employee may report the conduct internally to a supervisor, manager or another person with authority to investigate or correct the issue, or externally to a government agency.
The key is the connection between the employee’s protected activity and what happened afterward. Keeping a clear record can help show that connection.
What if more than 90 days have passed?
Retaliation does not become legal after 90 days. Instead, the 90-day period affects whether the statutory presumption applies. An employee may still have a retaliation claim based on other evidence showing a connection between the complaint and the employer’s actions.
What should you do after reporting misconduct?
Employees should keep copies of relevant emails, messages, performance reviews and other employment records. Writing down when the employee made the complaint and what happened afterward can also help. A detailed timeline can identify changes that may otherwise be difficult to remember.
If an employer takes action against an employee after a report of conduct reasonably believed to violate the law, knowing the applicable rights early can help the employee make informed decisions about what to do next.