What remedies are available to victims of retaliation?

In California, victims of retaliation as a result of whistleblowing have several remedies available to them. Generally, victims may seek a court order prohibiting the retaliator from continuing with the retaliatory action and/or to obtain an award for lost wages, benefits, or other economic losses as a result of the retaliatory action. They can also receive a court order to reinstate them to the same or an equivalent position or, if the retaliatory action led to the termination of their employment, to obtain an award for lost wages, benefits, or other economic losses as a result. Victims may also be eligible to receive punitive damages and/or damages for emotional distress, depending on the circumstances of the retaliation. In addition, California Labor Code section 1102.5(g) allows the court to award reasonable attorneys’ fees to the victim, payable by the retaliator. Additionally, if the retaliator was found to have willfully retaliated against the whistleblower, the court may impose a civil penalty on the retaliator in an amount up to $50,000. Finally, victims of retaliatory actions may also file a complaint with the California Department of Fair Employment and Housing. The Department may investigate the complaint and, if appropriate, issue a “right-to-sue” letter. Victims may then use this letter to file an action in a court of law and to seek remedies for their retaliatory action.

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