Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

A: First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.

Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are a member of a protected class of people or because you engaged in some form of legally protected conduct.

Nonetheless, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: Labor Code 1102.5 protects employees, including non-profit employees, for reporting or opposing what they in good faith believe to be illegal conduct. Lack of leadership is not illegal, but bullying may be illegal if motivated by hostility toward a protected class or opposition to illegal conduct.

You should speak with a knowledgeable employment lawyer offline about the specifics of your situations. Please note communications on this pubic board are not protected by the attorney client privilege.

A: California law provides strong protections for employees who report workplace issues, including through Labor Code 1102.5, which shields you from retaliation when reporting suspected violations to those with authority to investigate.

The CEO's attempt to ban board-staff communications could itself be viewed as problematic, since non-profit boards have oversight responsibilities. Your documented reports of bullying and structural dysfunction to the board chair are protected activities, particularly given the prior HR documentation. You have the right to communicate with the board about these issues without fear of retaliation.

If you face adverse actions after making these reports (like demotion, termination, or hostile treatment), you can file complaints with California's Labor Commissioner or Department of Fair Employment and Housing. You may want to keep detailed records of all communications and incidents. Given the complexity of whistleblower protections in the non-profit sector, consulting with an employment lawyer would help ensure you understand your specific rights and the best way to proceed while maintaining legal protection.