It takes a great deal of courage to be a whistleblower. Standing up and reporting illegal activity on the part of your employer can be scary. After all, most employers have a great deal of power and influence, especially in relation to their employees. For most employees, blowing the whistle on their employer means risking their very livelihoods. Thankfully, California law protects these employees from retaliation.
Who is a Whistleblower?
According to California law, a “whistleblower” is any employee that imparts information that reports illegal activity by their employer, including:
- Any violation of a state or federal law.
- Violations of or noncompliance with local, state or federal rules or regulations.
- Reporting unsafe working conditions or work practices relating to the employee’s job duties or place of employment.
Employees can obtain whistleblower status and protection in other ways as well. Usually, this occurs when the employee refuses to participate in illegal activity that would violate the law or contribute to noncompliance or unsafe working conditions. Examples of whistleblowing can vary, especially given the wide variety of different occupations there are in California. Still, it’s important to understand that any employee that reports illegal activity on the part of their employer enjoys protection from retaliation under the law. Knowing what retaliation looks like can also vary, but if an employee is experiencing it, they need to know what to do next.
California Whistleblower Retaliation Law
California’s most general law prohibiting whistleblower retaliation is found in section 1102.5 of the Labor Code. Also known as the Whistleblower Protection Act (WPA), it protects employees that engage in whistleblowing, outlawing employers from engaging in illegal retaliation by the. Specifically, the law protects employees by making it illegal for employers to take any action that has a negative or adverse impact on the conditions or terms of the whistleblower’s employment. Whistleblower retaliation usually take the following forms:
- Blacklisting the employee
- Demoting the employee
- Engaging in intimidation or creating a hostile work environment
- Reducing the employee’s pay or work availability
- Denying benefits to the employee
- Denying the employee overtime or promotion
- Failing to hire or promote the employee
- Terminating the employee
When suffering retaliation in the workplace, especially in whistleblowing situations, it can be difficult for the employee to know what to do next. What is important for them to understand is that they are not alone. The experienced, sympathetic team at Maison Law can guide these clients through what is a difficult and complex process.
Next Steps After Whistleblower Retaliation
In a whistleblower retaliation claim, the employee asserts that the employer has taken an adverse action against an employee for engaging in one or more of the statutorily-protected activities. This typically occurs when the employer discriminates or outright terminates the employee that made the complaints or reports for pretextual reasons.
If you are successful in litigating a wrongful termination claim, you can potentially recover the following:
- 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 wrongful termination claim is three years from the date of the adverse action. 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.
Contact a California Whistleblower Retaliation Lawyer at Maison Law Today
Attorney Martin Gasparian and the legal team at Maison Law have years of experience handling whistleblower retaliation claims under California law. Their firm knows that when employees decide to become a whistleblower, they are most likely in a vulnerable position. We want to help them during this difficult time. Whistleblower retaliation is unacceptable. If an employee has suffered disparate treatment after reporting illegal activity on the part of their employer, do not hesitate to contact their office today for a free consultation.
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