California Court Limits Whistleblower Fee Recovery Under Labor Code Section 1102.5

A critical July 2025 decision from the California Court of Appeals clarifies when employees can recover attorney’s fees for whistleblower retaliation claims. In Lampkin v. County of Los Angeles, the court ruled that proving retaliation alone does not entitle an employee to legal cost recovery under Labor Code section 1102.5 if no relief was granted. This outcome highlights how critical it is to understand statutory requirements and defenses before filing.

If you reported unlawful conduct at your workplace and suffered retaliation, you may still be entitled to damages. Yet without a proper strategy, you could win your case at trial and see no compensation or fee reimbursement. This decision signals the importance of precise legal direction from the earliest stages of a claim.

What Lampkin v. County of Los Angeles Means for Employees

The employer convinced the jury that it would have taken the same action regardless of the reported conduct. As a result, the employee did not receive any damages. Although the trial court granted over $400,000 in attorney’s fees, the appellate court overturned that award.

Under California Labor Code section 1102.5, an employee may only recover fees by bringing a successful action. The court determined that, since the employee was not granted any relief and the employer established its affirmative defense, the action did not meet the legal definition of success. Once that defense is proven, the case ends. When no damages or injunctive orders follow, fee recovery is not permitted, even when the employer’s conduct violated the statute.

Key Legal Rules Employees Must Know

California’s whistleblower law protects employees from retaliation when they report legal violations or decline to take part in unlawful conduct. Under section 1102.6, an employer can avoid liability by demonstrating that it would have made the same decision for independent and lawful reasons. This provision means that showing a connection between protected conduct and adverse treatment is not always enough. If the employer establishes a valid alternative reason, the employee may be denied both relief and attorney’s fees.

This ruling underscores the importance of statutory wording. Section 1102.5 permits fee awards only when the employee brings a successful action. The court declined to import rules from FEHA, where an action may be considered successful even without damages, because the legislature chose different language for 1102.5. Fees will not be granted unless the employee prevails and obtains some form of relief.

How This Affects Your Case Strategy

If you believe you faced retaliation after reporting workplace misconduct, you must proceed carefully. First, weigh whether engaging in whistleblower activity justifies a suit when relief is uncertain. Second, structure your claim to include multiple types of remedies, such as injunctive relief or declaratory judgment, not just monetary damages. That approach may improve chances of crossing the threshold for success under the statute.

You also need to anticipate the same defense. Document everything, including emails, timeline of events, supervisor responses, and performance reviews. Evidence that retaliation was not just one factor but benefited a specific outcome can help counter arguments that the employer would have made the same decision anyway.

Key Factors in Finding the Best California Employment Representation

Legal counsel familiar with California whistleblower law makes a difference. Section 1102.5 claims may seem straightforward at first glance, but statutory nuances define what qualifies as a successful action. Handling these cases properly demands attention to details such as relief types, complaint drafting, and proactive evidence collection.

An attorney experienced in employee advocacy will review whether your claim qualifies under section 1102.5. They will help you identify potential defenses, craft the relief requested, and ensure you file and prove your claim within the required deadlines. Without that level of care, a strong legal theory may produce zero compensation and no fees even after a full trial.

Contact a California Whistleblower Lawyer Who Knows the Rules

If you reported wrongdoing at work, faced retaliation, and want to know your rights, you deserve clear guidance from an employment lawyer who understands recent case law. Lampkin shows that winning your case does not guarantee recovery unless relief is obtained. Proper strategy matters from the start.  Contact The Nourmand Law Firm today for a free consultation. Call 800‑700‑9243. We represent only employees and are dedicated to helping workers pursue rightful recovery under California whistleblower statutes.