Can You Sue Your Supervisor for Whistleblower Retaliation in California? What Chaudhry v. State of California Means

California has some of the strongest whistleblower protections in the country. Labor Code section 1102.5 makes it illegal to retaliate against an employee for reporting a suspected violation of the law or for refusing to take part in illegal activity. But when retaliation happens, employees often want to hold the specific manager who punished them responsible, not just the company.

On September 28, 2026, a California Court of Appeal answered that question for section 1102.5 claims for the first time. In Chaudhry v. State of California (First Dist., Div. Four), the court held that individual supervisors cannot be held personally liable under section 1102.5. The decision also contains important lessons for state and local government employees.

Punished for reporting a problem at work? Our whistleblower retaliation lawyers can review your case in a free consultation.

What Labor Code 1102.5 Protects

Section 1102.5 protects employees who disclose information they reasonably believe shows a violation of a state or federal law, rule, or regulation. Protected disclosures include reports to:

• A government or law enforcement agency;
• A supervisor or another person with authority to investigate or correct the problem; or
• A public body conducting an investigation, hearing, or inquiry.

It also protects employees who refuse to participate in an activity that would violate the law. The employee does not have to be right that a violation occurred; the belief has to be reasonable.

Employees who win section 1102.5 claims can recover lost wages and other damages, a civil penalty of up to $10,000 per violation, and attorney's fees. Once the employee shows that whistleblowing was a contributing factor in the adverse action, the employer must prove by clear and convincing evidence that it would have made the same decision anyway. Since 2024, an adverse action taken within 90 days of protected activity also creates a rebuttable presumption of retaliation.

The Chaudhry Decision

The plaintiff sued the State of California, the Department of Corrections and Rehabilitation, and several individual supervisors. She alleged retaliation under Labor Code section 1102.5 and the California Whistleblower Protection Act, and constructive discharge in violation of public policy. The trial court granted judgment on the pleadings for the defendants.

On appeal, she did not challenge the ruling on her constructive discharge claim. The Court of Appeal reached three main conclusions:

• No personal liability for supervisors under section 1102.5. In a question no California appellate court had decided before, the court agreed with the individual defendants that section 1102.5 does not make individual supervisors personally liable. The court followed the reasoning of earlier California Supreme Court decisions holding that supervisors are not personally liable for discrimination or retaliation under FEHA.
• Her section 1102.5 claim could go forward in part. Claims for money damages against public entities usually require a written government claim first. The court held her complaint adequately alleged compliance with the Government Claims Act for one of her theories, so that part of her section 1102.5 claim against the public employer survived.
• Her Whistleblower Protection Act claim failed. The court held she did not allege facts showing she had exhausted the administrative remedies that the California Whistleblower Protection Act requires before filing suit.

Who Can You Sue for Whistleblower Retaliation?

After Chaudhry, a section 1102.5 claim is a claim against the employer. That is usually where the real recovery comes from anyway, because employers, not individual managers, typically pay judgments and settlements. The decision does not reduce the employer's own liability for a manager's retaliatory decision.

Individual liability is different for other kinds of claims. Under FEHA, a supervisor or coworker can be personally liable for harassment, even though they are not personally liable for discrimination or retaliation. Other statutes may have their own rules, so the right defendants depend on the claims in your case.

Extra Steps for Public Employees

Chaudhry is a reminder that government workers face procedural requirements that private-sector employees do not:

• Government Claims Act. Before suing a public entity for damages, an employee often must present a written claim to the agency, generally within six months of the claim accruing. Courts look closely at whether the claim described each theory later raised in the lawsuit.
• California Whistleblower Protection Act. State employees who sue under this law generally must first file a complaint with the State Personnel Board within twelve months of the retaliation and allow the Board to act before going to court.
• Short internal deadlines. Union grievance procedures, civil service appeals, and agency complaint processes can have deadlines measured in days or weeks.

Missing one of these steps can end an otherwise strong case, so public employees should get advice quickly after retaliation occurs.

What to Do If You Face Retaliation for Reporting a Violation

• Write down what you reported, to whom, and when;
• Keep copies of emails, complaints, and performance reviews from before and after the report;
• Note any sudden change in treatment, such as discipline, schedule cuts, demotion, or termination; and
• Talk to a lawyer before signing any separation or severance agreement.

Learn more in our guides on wrongful termination examples and what to do after being fired in California. This article is general information, not legal advice about your situation.

Speak With a California Whistleblower Retaliation Lawyer

If you were punished for reporting illegal conduct or refusing to break the law, Starpoint Law can review your case, identify the right claims and defendants, and help you meet every deadline. Call us or contact us online for a free consultation.

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• Whistleblower retaliation
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