How the 90-Day Retaliation Presumption Protects California Whistleblowers
Why Timing Matters More Than Ever in California Retaliation Cases Key Takeaways: California’s SB 497, effective January 1, 2024, created a rebuttable presumption of retaliation when an employer disciplines or discharges an employee within 90 days of protected activity under Labor Code §§ 98.6, 1102.5, and 1197.5. This shifts the burden to the employer to show a legitimate, independent reason rather than requiring the employee to prove retaliatory motive from the outset. The presumption is procedural, not a guaranteed win,










