Whistleblower Rights Lawyer
A whistleblower is someone who reports legal or ethical violations to the authorities. In many cases, whistleblowers are employees of companies engaged in illicit activities.
Without whistleblowers, countless businesses and government organizations would continue committing acts of fraud, abuse, and waste unpunished.
However, many would-be whistleblowers are understandably afraid of retaliation. The federal Whistleblower Protection Act and several California laws were enacted to shield whistleblowers from potential consequences.
If you’re considering reporting illegal or unethical conduct, it’s critical to work with a qualified whistleblower rights lawyer. California Civil Rights Law Group is here to guide you through the whistleblowing process and protect you from retaliation.
Understanding Whistleblower Protection Laws
There are many different whistleblower protection laws at the federal level, but the exact law that applies in a given situation depends on the industry. For example, the federal Whistleblower Protection Act (WPA) might sound like it protects all whistleblowers, but it specifically extends to federal employees.
The U.S. Department of Labor notes that there are five distinct agencies that enforce anti-retaliation laws meant to protect whistleblowers:
- Wage and Hour Division (WHD)
- Occupational Safety and Health Administration (OSHA)
- Mine Safety and Health Administration (MSHA)
- Veterans’ Employment and Training Services (VETS)
- Office of Federal Contracts Compliance Programs (OFCCP)
Although federal whistleblower statutes outlaw retaliatory firing and similar actions by employers, some provide greater protection than others. The California Whistleblower Protection Act and other state-specific laws expand on federal protections and offer those who speak up a greater sense of security.
Protections for Whistleblowers Under California Law
When it comes to whistleblower rights protection law, California is ahead of many states. In addition to the protections afforded by the federal Whistleblower Protection Act, whistleblowers in California enjoy protections under a number of state laws.
California Whistleblower Protection Act
The California Whistleblower Protection Act applies to state employees. It protects California state employees from retaliation when they report any of the following:
- Fraud
- Waste
- Health and safety threats
- Violations of the law
According to the California Whistleblower Protection Act, state employees serve the people best when they can be honest about the problems they see. To ensure that claims of retaliation are properly investigated, the law stipulates that the State Personnel Board must investigate all alleged violations.
California False Claims Act
The California False Claims Act is a state-specific version of the federal False Claims Act.
The law prohibits businesses and individuals from fraudulently billing the government or otherwise trying to obtain payment by fraudulent means. If a company violates the law, it may be ordered to pay treble damages, or three times the amount it fraudulently claimed.
Like the federal False Claims Act, the California False Claims Act has a “qui tam” provision. This means that a whistleblower in California may sue the offending company on behalf of the government and receive a portion of the damages recovered.
California Labor Code Section 1102.5
The California Whistleblower Protection Act defends whistleblowers employed by the state. California Labor Code Section 1102.5 effectively expands that protection to anyone working for a private employer. This law has two key provisions:
- Employers may not retaliate against employees who report activities they reasonably believe violate state or federal law
- Employers may not punish employees for refusing to engage in any activity that would violate the law
If an employee believes that their rights have been violated, they must be able to show that the employer’s retaliatory action was directly linked to their report. Gathering evidence and using it to build a case can be challenging for anyone, so it’s important to work with an experienced attorney.
California Health and Safety Code Section 1278
This law is similar to California Labor Code Section 1102.5. However, it’s much narrower in scope, applying only to the healthcare sector. California Health and Safety Code Section 1278 prohibits retaliation against any employee who makes a complaint related to patient safety.
Reporting Whistleblower Complaints
The California Fair Employment and Housing Act (FEHA) is a broad statute that applies to workers and people seeking housing. It outlaws discrimination, harassment, anIf you’ve observed wrongdoing, California’s protections may make you feel safe from potential retaliation. However, before you make a report, it’s wise to understand the basic process and seek legal counsel. Here’s a look at the steps involved in filing a whistleblower complaint.
1. Understand Your Protections and Potential Risks
Before you start preparing your complaint, take a look at the state laws concerning whistleblower complaints. You can review these laws yourself, but an attorney can help you understand the nuances and specific risks of your situation.
For instance, if the misconduct you want to report has to do with classified information, you may not be protected (and you may face additional penalties) if you disclose it to the wrong person or organization.
2. Gather Evidence
Your claim is much more likely to be successful if you have clear and convincing evidence to back it up. Photos, videos, emails, and text messages are common types of evidence. When you hire California Civil Rights Group, our skilled team can assist you in collecting the strongest evidence to support your case.
3. Determine Where to File the Complaint
There’s no single government agency that handles whistleblower complaints. Depending on your situation, you may not know where to file. If you’re unsure, our team can help you identify the right agency or authority.
4. Understand the Agency’s Complaint Procedure and File Your Complaint
Each state agency or authority has its own procedure for filing whistleblower complaints. You should take the time to understand the steps to file and follow them to the letter. Generally speaking, the more relevant detail you can include, the better.
5. Cooperate With the Agency’s Investigation
Even if you’ve included ample evidence with your complaint, the agency will need to conduct its own investigation into the alleged violation. In some cases, agents may ask for your cooperation.
6. Secure Legal Representation
You may obtain legal representation at any point in the process. However, seeking legal advice earlier is generally best.
Your lawyer can take steps to safeguard your rights, which is especially important if you could be implicated in the misconduct you’re reporting. If your employer finds out and takes adverse action against you, your lawyer also may be able to help you file a whistleblower retaliation complaint.
Whistleblower Retaliation and Public Policy Wrongful Termination
TIf your employer acts to retaliate against you, California whistleblower laws offer several protections. Broadly speaking, your two main types of recourse are filing a complaint and pursuing a lawsuit on your own.
Different statutes outline how to take advantage of whistleblower protections. In many cases (though not all), you must file a formal complaint before filing a lawsuit. Some of the California agencies that review whistleblower retaliation complaints include:
- California State Personnel Board
- California Labor Commissioner
- California Labor and Workforce Development Agency
- California Civil Rights Department
Where you file your complaint depends on your industry. If you’re uncertain where to file, our lawyers would be happy to help.
Compensation and Remedies for Whistleblowers
Regarding whistleblower law, California offers a number of remedies for legitimate informants. Here are a few of the most common:
Job Reinstatement
Many employers who retaliate against whistleblowers do so by firing them. However, not all employers will fire an employee outright. Some do what’s called “constructive discharge” or “constructive dismissal.” This is when an employer doesn’t directly fire a worker but instead takes actions that effectively force them to quit.
For example, imagine that you work at a restaurant and report a serious health code violation. Your boss keeps your name on the schedule but only gives you one shift per week. That doesn’t allow you to earn enough to live on, so you have no choice but to quit and find another job.
If you’ve been fired or constructively discharged and win a whistleblower lawsuit, your employer may be ordered to reinstate your employment.
Back Pay
When your employer reinstates you, they may also have to pay you the wages you would have earned had you not been wrongfully terminated. When courts order employers to provide back pay, they often assess interest.
Payment for Emotional Distress and/or Reputational Harm
Being retaliated against for being a whistleblower can cause more than just monetary stress. In recognition of that fact, California law allows whistleblowers to recover damages for their mental and emotional stress.
Court Costs and Reasonable Attorney’s Fees
Whistleblowers who have been wrongfully terminated often face financial struggles, and hiring a lawyer and paying court costs can impose additional hardship. If the court rules in favor of the whistleblower, their employer might be required to pay their court costs and reimburse them for reasonable attorney’s fees.
Working With a Whistleblower Rights Lawyer
If you’re considering reporting your employer for legal or ethical violations, you may wonder if you need a whistleblower rights lawyer. California offers many protections for whistleblowers, but the best way to take advantage of them is to work with an attorney who understands the particulars.
Our accomplished legal team is proud to seek justice on behalf of Californians wronged by their employers. If you’re looking for a whistleblower rights lawyer, California Civil Rights Law Group is here to help. Contact us today for a free consultation.
FAQs
The value of a whistleblower lawsuit comes down to numerous factors, including the type of conduct reported and the employer in question. For example, you would likely recover more in a qui tam lawsuit over multimillion-dollar fraud than in a retaliation lawsuit against a small private employer.
Yes. When it comes to whistleblower laws, California has many. They include the California Whistleblower Protection Act, the California False Claims Act, California Labor Code Section 1102.5, and California Health and Safety Code Section 1278.
Whistleblowers are shielded against retaliation, but not against the consequences of their own actions. For example, if you were involved in fraud committed by your employer and later decided to report it due to a guilty conscience, you could still face prosecution.
Generally, whistleblower protection prohibits employers from firing or taking other adverse actions against employees who report misconduct. These laws often require employers to compensate workers for back pay, pain and suffering, and other losses.
California whistleblower protection laws generally allow whistleblowers to remain anonymous. The exception is the California False Claims Act. Because these cases frequently entail formal lawsuits, the whistleblower’s name is usually revealed at some point.
While whistleblower protection laws cover a lot of ground, they can’t protect whistleblowers from everything. If a whistleblower’s disclosure of misconduct includes classified information and they make a disclosure to the wrong entity, they generally won’t be covered.
Whistleblower protection laws allow employees to sue for retaliation under many circumstances. In some cases, however, you might be required to file a formal complaint first.
Although California offers strong protections for whistleblower rights, it’s still a good idea to work with an attorney. A knowledgeable lawyer can help you understand your rights and insulate you from potential liability.
It depends on the details of your case. That said, copies of emails, company memos, and performance reviews are often helpful. It’s essential to clearly illustrate the timeline of events and how it coincides with your report.
You’ll likely qualify to recover back pay and compensation for mental anguish and emotional suffering. If you’ve been unfairly terminated, your employer might also be ordered to reinstate your employment.
