What Is Whistleblower Retaliation?

California has a variety of different workplaces across its economy, many of which involve extremely dangerous and high-pressure conditions. No matter what workplace you work in, there is always the potential to come across unethical or illegal activity. Whether it be safety hazards or reporting financial fraud, virtually any workplace in California can require you or other employees to “blow the whistle” on your employer’s illegal actions. Unfortunately, wherever there are whistleblowers, there is also the possibility of whistleblower retaliation. Whistleblower retaliation can happen in any industry, from healthcare to education, and more. In these instances, It’s important that you and other workers know your rights and understand the legal protections you have if your employer decides to retaliate for you reporting unlawful activities in the workplace.

Free Consultations For Whistleblower Retaliation Victims in California

At Maison Law, our team of experienced California employment lawyers proudly stands with every worker in California that has suffered whistleblower retaliation. When you go to work in California, you have a clear right to do so in a safe environment, free of discrimination, harassment, and retaliation. When your employer decides to violate your rights in the workplace by retaliating against you, we can help. Contact us today to set up a free consultation to learn more about your options.

What Does California Law Say About Whistleblower Retaliation?

Like other forms of workplace retaliation, California law provides extensive protections for whistleblowers across all different industries and workplaces. Generally speaking, a “whistleblower” is any person that exposes information or activities that are illegal, unethical, or in violation of company policies or government regulations. Thus, whistleblowing activities can include:

• Reporting financial fraud or accounting irregularities
• Reporting workplace harassment, discrimination, or safety violations
• Reporting environmental violations or pollution
• Reporting government misconduct or corruption
• Reporting medical malpractice or pharmaceutical industry fraud
• Reporting violations of consumer safety or product quality standards
• Reporting academic or scientific research misconduct
• Reporting military or national security breaches
• Reporting breach of contract or breach of fiduciary duty by an organization or its officers.
• Refusing to participate in illegal or unethical activities
• Refusing to work in unsafe conditions
• Providing information or testimony in an investigation or legal proceeding related to any of the above activities.

Under this definition, whistleblowers can refer to:

• Employees
• Contractors
• Other individuals that have access to confidential information about an organization.

California has a number of laws that protect whistleblowers who report violations or illegal activities in the workplace, including:

• Whistleblower Protection Act (WPA) – The main law that protects whistleblowers in California, the WPA provides protection to employees who report improper governmental activities, including violations of laws, rules, and regulations.
• California Labor Code Section 1102.5 – This law protects employees from retaliation for disclosing information to a government or law enforcement agency, or to a person with authority over the employee if the employee has reasonable cause to believe that the information discloses a violation of state or federal law.
• California Labor Code Section 6310 – California Labor Code Section 6310 is a state law that provides protection to employees who report workplace safety violations or refuse to work in unsafe conditions.
• California Health and Safety Code Section 1278.5 – This law protects employees who report violations of patient care standards in healthcare facilities.
• California False Claims Act (CFCA) – This law provides protection to employees who report fraud against the government or submitted false claims for payment.
• Sarbanes-Oxley Act – The Sarbanes-Oxley Act is a federal law that provides protection to employees who report violations of securities laws or other federal laws.

Obviously, there are a variety of different motivations that whistleblowers can have when they report illegal activity. However, such actions are usually met with swift blowback from their employer, despite these laws requiring employers to maintain confidentiality and prohibit retaliation against whistleblowers.

What Constitutes Whistleblower Retaliation in California?

The legal protection that California provides whistleblowers is only part of the equation. The other is actually determining whether or not you have been retaliated against. In this respect, whistleblower retaliation is very similar to other forms of workplace retaliation. Basically, there are two elements to retaliation:

• The employee engaging in protected activity
• The employer taking adverse employment action against the employee that engaged in a protected activity

In situations where you or another employee blows the whistle, the law recognizes that as a “protected activity”. In turn, any of the following actions from the employer constitutes whistleblower retaliation:

• Termination – If an employee is fired for engaging in whistleblowing activity, such as reporting an employer’s illegal or unethical behavior, this could be considered retaliation.
• Demotion or suspension – When the employer decides to demote or suspend the employee for reporting illegal or unethical behavior, this could be considered retaliation.
• Harassment – Whistelblowers frequently experience harassment by employers or other coworkers for engaging in whistleblowing activity, which could also be considered retaliation.
• Other negative actions – Other negative actions, such as a reduction in pay, change in job duties, or denial of benefits, could also be considered retaliation if they are taken in response to whistleblowing activity.

Obviously, the specific actions that constitute retaliation can vary depending on the applicable situation. However, it’s important to note that employers who retaliate against whistleblowers can face significant legal and financial consequences. In order to obtain these benefits, you should consider working with our experienced California employment lawyers to further understand your options.

Legal Options After California Whistleblower Retaliation

Part of the legal protections that are in place for whistleblowers in California involves them being able to pursue action against their employer. What this means for you, as a whistleblower, is that you can file a claim for damages. Before you do that, consulting with our team can give you a better idea of the viability of your case and how the law applies. However, the fact remains that if you have been retaliated against for engaging in protected whistleblowing activities in California, you may have legal options. Here are some of the legal remedies available to whistleblowers in California:

• File an administrative complaint – Depending on the type of illegal activity, you can file a complaint with one of the various administrative agencies responsible for enforcing the particular area of the law that was violated. This could mean filing with the California Labor Commissioner’s Office, the Department of Fair Employment and Housing (DFEH), or Cal/OSHA. These agencies will then investigate the retaliation claim and may order your employer to reinstate you and pay lost wages and other damages.
• File a lawsuit in state court – You may be able to file a lawsuit in California state court to seek damages for the harm you suffered as a result of retaliation, including lost wages, emotional distress, and punitive damages.
• File a complaint with a federal agency – If your employer is a federal contractor or receives federal funds, you may be able to file a complaint with the federal agency that oversees your employer.
• File a complaint with the Occupational Safety and Health Administration (OSHA) – If you were retaliated against for reporting workplace safety violations, you can file a complaint with OSHA, which investigates claims of retaliation and can order your employer to take corrective action.

The ultimate goal of any whistleblower retaliation claim is to hold your employer accountable for not only the illegal activity they’re engaged in, but for then retaliating against you for speaking up. Obviously, it takes a great deal of courage to be a whistleblower and even more courage to then proceed with a claim. However, working with our team of experienced, dedicated California employment lawyers can provide you with legal support and validation to see the claim through.

Dedicated Support From Experienced California Employment Lawyers

If you have been the victim of whistleblower retaliation in California, it’s important to act quickly to protect your rights. Whistleblower retaliation claims can be complex, and the laws and procedures governing these claims can vary depending on the circumstances. However, at Maison Law, we believe every worker deserves to work in an environment free of retaliation. Consulting with our team of experienced employment lawyers can help ensure that you receive the compensation and protection you deserve. Contact us today for a free, no-obligation consultation to get started.