The term “whistleblower” has gained notoriety in recent years after several high-profile media stories of people that have brought illegal activities to light. While most often associated with illegal government activities, whistleblowing can occur in any workplace, including yours.
Still, it takes a great deal of courage to stand up and report illegal activity on the part of your employer. After all, your employer has a great deal of power and influence over you, especially if your job includes access to highly confidential or sensitive information.
But again, no matter what your job is, you can report your employer’s illegal activity to the proper authorities and be considered a whistleblower. While blowing the whistle on your employer is indeed a risky proposition, California law offers protection for you and others like you in these situations.
Whistleblower Protection and Support From Experienced California Employment Lawyers
At Maison Law, we recognize that “blowing the whistle” on your employer for their illegal conduct means risking your very livelihood. Our team of experienced and dedicated California employment lawyers are proud to offer every one of our clients the support and counsel they need to stand up to their employer, especially when they are committing illegal activities.
Our firm has built a reputation for fully supporting clients in these situations, and we can help you hold your employer accountable. To learn more, contact us today for a free consultation.
California Whistleblower Protection Under the Law
The Whistleblower Protection Act (WPA) is California’s most direct law dealing with whistleblowers and their protections in the workplace. Officially codified in Section 1102.5 of the California Labor Code, the Act protects employees that engage in the protected activity of reporting their employers’ illegal conduct or activity to the proper authorities.
Further, the law prohibits your employer from engaging in illegal retaliation, making it illegal for employers to take any action that has a negative or adverse impact on the conditions or terms of your employment. As it relates to whistleblowing, this retaliation usually take the following forms:
- Blacklisting you, keeping you from being hired elsewhere.
- Demoting you to a lower paying position or status.
- Trying to intimidate you or otherwise creating a hostile work environment for you.
- Reducing your pay or work availability.
- Denying or taking away your benefits.
- Denying you overtime or promotion opportunities.
- Failing to hire or promote you.
- Terminating your employment.
Suffering retaliation in the workplace is never acceptable, but even less so when you are simply trying to do the right thing by reporting illegal activity. In these situations, it can be difficult to know what to do next. That’s where our experienced, sympathetic team of attorneys can help explain your legal options and can guide you through what is often a difficult and complex process.
When Does Whistleblower Protection Apply in California?
According to California law, any employee in any industry can receive “whistleblower” protection once they provide any information or evidence that establishes illegal activity by their employer. This illegal activity usually includes the following:
- Any violation of a state or federal law by your employer.
- Your employer committing violations of or not complying with local, state or federal rules or regulations.
- Your employer forcing you and other coworkers to work in unsafe conditions or unsafe work practices relating to your job duties or place of employment.
You can obtain whistleblower status and protection in other ways as well. Usually, this occurs when your employer asks you or tries to intimidate you into participating in illegal activity that would violate the law or contribute to noncompliance or unsafe working conditions. Once you refuse to go along with this and report the conduct, you are considered to be a whistleblower under the law.
What Are Some Examples of Illegal Workplace Activity in California?
Examples of whistleblowing can vary, especially given the wide variety of different occupations there are in California. However, whenever there is any illegal activity in the workplace, regardless of the industry, you can become a whistleblower. Often, the following activities would involve the need for whistleblowing:
- Engaging in workplace discrimination
- Illegal or unsatisfactory use of hazardous substances, such as chemicals
- Failure to follow rules and regulations at health care facilities
- Failure to follow occupational safety and health guidelines
- Failure to provide workers’ compensation insurance
Again, the above list is not exhaustive. There are numerous workplace laws and regulations in place in California. When your employer breaks those laws, it’s important to remember that you or any other employee that reports this illegal activity enjoys protection from retaliation under the law. Experiencing retaliation can be very demoralizing, but it’s also important to understand tha you have options to fight back.
What Can I Do If My Employer Retaliated Against Me For Whistleblowing in California?
The simplest way to fight back against your employer for their illegal whistleblower retaliation is to file a lawsuit against them. In a whistleblower retaliation claim, you assert that your employer has retaliated-or taken an “adverse action”, in legal terms-against you because you reported their illegal activities. This typically occurs when your employer unfairly targets you or even outright fires you because you made the complaints or reports. Usually, your firing is for vague pretextual reasons, such as performance or attendance.
Filing a lawsuit against your employer is not easy, but the rewards could potentially be well worth it. Generally, such a lawsuit can recover the following damages:
- Restoration of your position
- Lost wages or back pay for wrongful termination
- Damages relating to loss of benefits
- Damages relating to emotional distress or loss of dignity
- Punitive damages, in severe cases.
One of our experienced California whistleblower retaliation lawyers will be able to help you navigate the complicated legal process of filing a claim against your employer. It is important to understand that, in most cases, there is a “statute of limitations” relating to your claim. Simply put, a statute of limitations is a time limit in which a person can file a lawsuit.
In California, the statute of limitations for a whistleblower retaliation claim is two years from the date of your firing or when the retaliation began.
Thus, if you believe you have suffered retaliation for blowing the whistle on your employer, don’t hesitate to reach out to our office as soon as possible.
Whistleblower Retaliation Lawyers Can Help You
Our firm’s founder, Martin Gasparian, and the rest of our legal team has years of combined experience handling whistleblower retaliation claims under California law. We understand that when you decide to become a whistleblower, you are not only standing up for what is right, but you are also putting yourself in a vulnerable position.
Our team of experienced California whistleblower retaliation lawyers want to help you during this difficult time. Whistleblower retaliation is unacceptable, and if you have suffered disparate treatment after reporting illegal activity on the part of their employer, do not hesitate to contact us today for a free consultation.
