Your employer’s working conditions are an important factor that affects your job satisfaction, performance, and well-being. You may want to discuss or disclose information about your employer’s working conditions with your co-workers, your union, your lawyer, or other parties for various reasons, such as seeking advice, reporting violations, or improving the work environment. However, you may be afraid of how your employer will react to your communication. Will you face disciplinary action, demotion, or even termination for speaking up about your employer’s working conditions? What if your employer tries to prevent you from discussing or disclosing information about your employer’s working conditions by making you sign a waiver or a confidentiality agreement? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under California Labor Code Section 232.5 and how we can help you if your employer violates them.
What is California Labor Code Section 232.5?
California Labor Code Section 232.5 is a California law that prohibits employers from doing any of the following:
- Requiring, as a condition of employment, that an employee refrain from disclosing information about the employer’s working conditions.
- Requiring an employee to sign a waiver or other document that purports to deny the employee the right to disclose information about the employer’s working conditions.
- Discharging, formally disciplining, or otherwise discriminating against an employee who discloses information about the employer’s working conditions.
This law applies to all employees in California, regardless of their position, status, or industry. It also applies to both oral and written disclosures of information about the employer’s working conditions.
What are the benefits of California Labor Code Section 232.5?
California Labor Code Section 232.5 provides several benefits for employees who discuss or disclose information about their employer’s working conditions. These include:
- The right to discuss or disclose information about your employer’s working conditions to anyone you choose without fear of losing your job or facing other negative consequences from your employer.
- The right to refuse to sign any waiver or document that would limit your right to discuss or disclose information about your employer’s working conditions or expose you to liability for doing so.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates this law by taking any adverse action against you for discussing or disclosing information about your employer’s working conditions.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of California Labor Code Section 232.5?
California Labor Code Section 232.5 does not cover every situation where an employee may discuss or disclose information about their employer’s working conditions. Some of the limitations of this law are:
- It does not require employers to disclose their own working conditions or the working conditions of other employees.
- It does not prevent employers from imposing reasonable restrictions on the time, place, and manner of discussions or disclosures of information about their working conditions, as long as they do not interfere with the employee’s right to discuss or disclose information about their working conditions.
- It does not protect employees who discuss or disclose information that they obtained unlawfully or in violation of a duty of loyalty or confidentiality.
- It does not protect employees who discuss or disclose information that is false, misleading, or defamatory.
How can we help you if your employer violates California Labor Code Section 232.5?
If you believe that your employer has violated your rights under California Labor Code Section 232.5 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for discussing or disclosing information about their working conditions, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
