EmploymentQuestion 270 of 1632

An employee reports to a state agency that the contractor is not paying legally required overtime. The contractor then fires the employee for making the report. This is:

a.Permissible because employment is at-will
b.Unlawful retaliation against a whistleblower
c.Permissible if the report turned out to be partly inaccurate
d.A minor issue with no legal consequence

Explanation

Labor Code §1102.5 prohibits retaliation against an employee for disclosing a suspected violation of law to a government agency. Firing a worker for reporting wage-and-hour violations is unlawful whistleblower retaliation.

Law Reference: Labor Code §1102.5

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