Whistleblowers play a vital role in exposing unethical or illegal practices in the workplace. California law provides strong protections for employees who report illegal activities or participate in investigations, ensuring they are not subject to retaliation from their employers.
This blog post will provide an overview of California whistleblower laws, including key provisions and how an experienced California whistleblower attorney can help protect your rights.
Are You a Whistleblower?
Employees in the State of California should never be afraid to step forward when they have information to offer to government or regulatory agencies regarding the illegal actions or business practices of an employer that is a clear violation of federal law, state, or local laws or regulations.
Any employee who chooses to come forward with such information by disclosing an employer’s illegal, unethical, or hazardous behavior that falls outside of regulations or established law or supports an unsafe working environment is considered a whistleblower.
Furthermore, any employee who declines to take part in such activities that are illegal, unethical, or hazardous under state or federal law or noncompliant with federal, state, or local laws or regulations may also be considered a whistleblower.Defining Retaliation Under the Law
If an employer imposes any form of punitive action against an employee who has engaged in whistleblower activities, that is a clear violation of the law under California Labor Code Section 1102.5 and the U.S. Department of Labor.
Whistleblower retaliation is designed to intimidate employees and prevent them from exercising their rights to enjoy safe and fair working conditions and report violations and illegal conduct or behavior by an employer. There are many different ways that an employer can retaliate against an employee involved in whistleblower actions by reporting fraudulent or illegal activity.
Some of these retaliatory actions may be obvious and others somewhat more cunning and disingenuous, but in the end, these are all violations of whistleblower law.
The following are just some of the most common forms of unlawful retaliation against whistleblowers:- Termination of employment
- Demotion from current position of employment
- Reassignment to a lower position of employment
- Loss of promotion or passed over for promotion
- Reduction in wages, hours, or benefits
- Exclusion from meetings or other work functions
- Harassment by an employer or supervisor
- Discrimination by an employer or supervisor
- Forced to endure illegal harassment
- Receiving disciplinary action from the HR department
- Creating a retaliatory work environment designed to force an employee to quit or resign
Any employee who believes that he or she has been the target of retaliation for participating in protected whistleblower actions should review California Labor Code Section 1102.5 to ascertain whether a violation has been committed on the part of their employer.
Whistleblower cases come with a considerable burden of proof on the part of the employee when filing any claim of retaliation as a result of taking part in whistleblower actions.
Whistleblower attorneys work to protect the rights of employees who have suffered unlawful workplace retaliation by employers who seek to punish any individual who exercises his or her rights to blow the whistle on unscrupulous employers who willingly violate the law.
Key Provisions of Whistleblower Protections in California
California Labor Code Section 1102.5:
This is the primary whistleblower protection law in California. It prohibits employers from retaliating against employees who report violations of state or federal laws, rules, or regulations to a government or law enforcement agency. This protection also extends to employees who refuse to participate in activities they reasonably believe to be illegal.
Under CLCS 1102.5, any employer who is found to have retaliated against an employee acting in the capacity of a whistleblower may be legally bound to rehire that employee at his or her prior compensation and employee benefits, along with any back pay due and additional steps that would bring the employer into compliance with California whistleblower law.California False Claims Act (CFCA):
The CFCA protects employees who report false claims made by their employer to the government for payment or who participate in a false claims action. The CFCA contains specific anti-retaliation provisions to protect whistleblowers who file qui tam cos to enforce the Act which can lead to investigations of suspected violations.
Whistleblowers who file lawsuits with the Attorney General or other prosecuting agencies may qualify for a portion of any monetary recovery related to the false claims that have been made by the employer and the CFCA protects whistleblowers from retaliatory actions as a result.
California Whistleblower Protection Act:
This Act specifically protects public employees who report waste, fraud, abuse of authority, or violation of law within their workplace.
Additional Industry-Specific Whistleblower Laws:
Key Provisions of WhistleBlower Protections Under Federal Laws
The Whistleblower Protection Act (WPA):
This federal statute safeguards federal employees and employment applicants against retaliation for making protected reporting of unlawful conduct, illegal activity, and/or fraud committed by an employer.
The Sarbanes Oxley Act:
Established in 2002, this law protects employees who report violations of illegal behavior or fraud with respect to securities fraud and illegal activity related to financial institutions and transparent financial reporting.
Occupational Safety and Health Administration (OSHA):
The Occupational Safety and Health Administration provides a number of whistleblower protections designed to protect employees against retaliation for reporting violations in a variety of specific industries such as agriculture, waste management, construction, environmental, maritime, and other fields.
Don't File a Whistleblower Claim Alone
Whistleblower protections are an essential aspect of California employment law, and understanding your rights and obligations is crucial for safeguarding your rights. An experienced California whistleblower lawyer can help you navigate the complexities of whistleblower protections to ensure that you are fully protected . If you believe you have been the victim of retaliation for whistleblowing, contact a California employment law attorney today.
Fahim Rahman, an employment attorney with expertise in California law, is dedicated to helping employees protect their rights and achieve fair outcomes in their cases. If you need legal assistance, don’t hesitate to schedule a consultation with Fahim Rahman to discuss your case and determine the best course of action for your situation.