A whistleblower is any employee who offers information related to the illegal activity, behaviors, or any form of wrongdoing on the part of an employer to an individual in a supervisory or managerial role within their place of employment, a governing regulatory body or law enforcement agency with the power to conduct an investigation into or otherwise explore the information that is being disclosed for the purposes of correcting and/or penalizing the employer or organization for committing a violation or acting in a non-compliant manner.
An employee may be acting as a whistleblower when he or she refuses to be a party to any activity that would be considered a clear violation of state or federal statute, or a breach of or behavior considered noncompliant with local, state, or federal law or regulation.
An employee acting in the capacity of a whistleblower may also be asked to disclose this information in a public forum by way of providing testimony or sworn statements or affidavit to an investigating committee or other regulatory body under penalty of perjury.
The employee must have a reasonable belief that any information being disclosed meets one or more of the following criteria:
- A state or federal law has been violated
- The employer or organization has committed a violation or acted out of compliance with local, state, or federal laws or regulations
- The employee has information related to hazardous working conditions or unsafe business practices regarding that employee’s particular job position or his or her place of employment.
Whistleblower Protections Under the Law
Any employee acting in this capacity is eligible for certain whistleblower protections under state and federal laws, which prohibit employers from engaging in any actions or behaviors that might be considered a form of whistleblower retaliation.
Whistleblower laws are put in place to encourage individuals to come forward without fear of reprisal or punishment to disclose information to the proper regulatory or law enforcement agencies regarding illegal or hazardous activities on the part of an employer or organization.
The following are current state and federal whistleblower protection laws that apply to all individuals acting as whistleblowers:
The California Whistleblower Protection Act
California state law provides protection to employees who report actions or behaviors that are illegal, unethical, or dangerous to the appropriate regulatory or enforcement agencies. Under the California Whistleblower Protection Act, employees who act as whistleblowers are entitled to the following protections:
- Employees acting as whistleblowers are entitled to protection as long as he or she has a reasonable belief the information that is being disclosed reports one or more violations or examples of noncompliance with federal, state, or local law.
- Employees who elect not to participate in any illegal or hazardous activities that would constitute a violation or noncompliance with a law, statute, or regulation are entitled to protection.
- Employers are prohibited from interfering with or preventing an employee from disclosing information to a supervisor or other employee with authority, a government, regulatory, or law enforcement agency under threat of retaliation.
- Current employers are prohibited by law from retaliating against an employee who has previously acted within his or her rights as a whistleblower against any former employer.
- Government employees who disclose violations to a government, regulatory, or law enforcement agency are entitled to whistleblower protections by law
- Family members of employees who have acted or are currently acting as whistleblowers have a right to the same protections against retaliation by an employer.
Federal Whistleblower Protections
Whistleblowers at the federal level enjoy similar protections as those offered by California law. Any federal employee responsible for disclosing information to the Office of the Inspector General. However, it’s important to note that employees who expose confidential government agents or other classified information held by the federal government can expose that employee to specific punitive measures as disclosing classified information as part of a whistleblower activity is NOT protected under the law.
The California False Claims Act
The law, also known as the California Qui Tam statute, is intended to prohibit private contractors from submitting invoices that are fraudulent or overcharging a government body for products or services provided. Employees acting as whistleblowers who disclose information about such activities are protected from retaliation for coming forth about these behaviors. These actions are filed under seal as per the False Claims Act and the appropriate body informed of the filing, at which point the state has an opportunity to investigate the matter and take any and all corrective measures as a result.
The Sarbanes-Oxley Act
At the federal level, the Sarbanes-Oxley Act prohibits any employer from taking retaliatory actions against any employee who acts within his or her rights as a whistleblower to report any action or behavior the employee believes in good faith would constitute a violation of securities laws. Employees are protected against harassment, termination of employment, or any other retaliatory actions described under the Act. In order for the employee to be eligible for protection, he or she must report any suspected violations of the law to a supervisor or similar individual authorized official with authority to investigate and/or correct the violation.
The Dodd-Frank Act
Under this federal law, whistleblowers are entitled to file complaints anonymously with the Securities and Exchange Commission and employers are prohibited from retaliating against employees who act in a whistleblowing capacity. Any individual acting as a whistleblower under Dodd-Frank may be entitled to collect rewards on claims, however, the information they disclose is bound by specific criteria in order to be considered a valid complaint eligible for rewards and protections under the law.
Occupational Safety and Health Administration (OSHA)
OSHA provides protections to whistleblowers who report violations that present a substantial and specific danger to public health in a variety of fields and industries such as aviation, waste disposal, commercial transportation, air and water quality, and a number of other instances of violations and noncompliance with laws related to the environment.
Safeguarding Your Rights as a Whistleblower
State and federal employees who are considering their options in coming forward with a protected disclosure need to know how to safeguard their rights against employers who may attempt to take retaliatory measures as a result.
Although whistleblowers are protected, that doesn’t stop some employers from taking action to prevent or retaliate against those individuals through harassment, demotion, reduction in wages or benefits, or simply terminating their employment.
These are common methods of retaliation and preparing yourself to face such consequences by knowing what to expect and how to deal with the matter is absolutely imperative for protecting your rights. First and foremost, it’s always important to report retaliation if and when it occurs and never, ever be discouraged from disclosing vital information to any authority relating to the employer or organization in violation of the law.
Compile Reliable Facts
State and federal law violations are a serious matter. If you believe you have relevant and solid evidence of one or more violations or actions of noncompliance with local, state, and/or federal laws or statutes, it is absolutely essential that you gather all of the relevant information to back up these violations. As a whistleblower, it’s up to you to provide supporting evidence of your claims and this can be done through compiling reliable documents, records, correspondence, even photographic or video evidence related to the matter. This may require you to speak with current or former employees from the organization to build a strong case.
Report Through Internal Channels
In some instances, bringing your evidence to a supervisor, manager, or department within the organization can bring a satisfactory conclusion to the matter. If you have strong enough evidence and you feel confident enough to present it to the appropriate department tasked with addressing such violations or noncompliance matters, speak with these individuals to report the matter. However, if you have concerns or fears over being retaliated against for presenting your evidence of workplace misconduct, you can pursue alternative avenues.
File a Claim with the Proper Agency
Whistleblower claims should be filed with the proper agency or authority in order for the matter to be addressed fully and correctly. Whistleblowers in the state of California should file claims with the California State Auditor, OSHA, California Labor Commissioner, the Commodity Futures Trading Commission, or other appropriate agency or regulator. The proper agency to contact will depend largely on the type of violation or noncompliant action committed.
Hire an Experienced Whistleblower Attorney
Whistleblower laws can get pretty complicated and a skilled attorney can help you through the filing process and navigate any further legal proceedings that may be necessary once the claim is addressed by an authorized official or investigating authority relating to the violation or industry in which the violation has occurred. The Law Office of Fahim Rahman has been fighting for the rights of whistleblowers who are brave enough to come forward to make a difference. You don’t need to go through this process alone and, in some cases, it’s best to hire representation in order for a claim or complaint to be more effective.
Retaliation Complaints
If you are a victim of retaliation in any way, shape, or form, as a result of filing protected disclosures with a relevant agency, you have the right to file a retaliation complaint against your employer. This is another reason to have a good whistleblower attorney on your side, taking on your employer and their team of lawyers can be a daunting and intimidating situation. But as long as you document all proof of the retaliation you experience, whether it’s in the form of harassment, demotion, ostracization, a reduction in wages or benefits, or you are dismissed from your position of employment, it is imperative that you maintain an accurate timeline of events and, much like with the whistleblower complaint you filed that might have spurred the retaliation, collect as much corroborating evidence as possible to support your retaliation complaint.
Document All Progress
This is vital for filing your whistleblower complaint and any retaliation complaints you may need to file afterward. Keep a running log or some other form of record of all individuals, conversations, agencies, and important dates and times that are relevant to the progress of your complaints. This is in addition to any documentation and other evidence that you have filed as part of your complaint.
Remain Steadfast and Firm
Blowing the whistle on violations that present a substantial and specific danger to you, your fellow employees, or the general public, or reporting unethical or illegal behavior to the proper law enforcement or regulatory agency is important work that takes plenty of bravery and courage. This is a fight worth fighting and, in the end, remain confident in your ability to prevail knowing you have a litany of statutes and other whistleblower protection laws that are in place to keep you on the right track.
Fight for What’s Right with the Right Attorney in Your Corner
The Law Office of Fahim Rahman specializes in whistleblower protection cases and has been defending whistleblowers just like you. Stand up for what’s right by reporting wrongdoing and dangerous actions and behavior in your industry. Employee obligations and protected disclosures go hand-in-hand when employers are conducting their activities in bad faith. Call today, set up an appointment for a free consultation and Fahim Rahman can advise you on whether you have a case and which steps to take next.
Don’t forfeit your rights under the law. Fight for what’s right. Call Fahim Rahman, he’ll be in your corner.