SB 2392

Present law prohibits an employee from being discharged or terminated solely for refusing to participate in, or for refusing to remain silent about, illegal activities. Any employee that is terminated in violation of such law has a cause of action against the employer for retaliatory discharge and any other damages to which the employee may be entitled. This bill revises present law to, instead, prohibit an employer from discharg ing, terminat ing , demot ing , or report ing the immigration status of, or threaten ing to discharge, terminate, demote, or report the immigration status of, an employee primarily because of the employee reporting unsafe working conditions, wage theft, or other labor violations. However, t his bill does not (i) prohibit an employer from discharging, terminating, or reporting the immigration status of an employee if otherwise required t o do so by law or (ii) apply to actions taken in good-faith to comply with federal immigration requirements. CAUSE OF ACTION This bill provides that a n employee aggrieved by a violation of this bill, including through the employer's discharge, termination, or demotion of the employee, reporting of the employee's immigration status, or threatening to discharge, terminate, or demote the employee, or repo rt the employee's immigration status, has a cause of action against the employer for retaliatory discharge or retaliatory conduct and may seek all of the following:  Reinstatement to the employee's position prior to discharge, termination, or demotion.  Back-pay for the time period for which the employee would have been working in the same position if the employer had not discharged, terminated, or demoted the employee.  Punitive damages if the court find s willful, malicious, or reckless conduct on the part of the employer . This bill requires a court to award to an employee who prevails in such a cause of action reasonable court costs and attorney fees.