Whistleblower laws in California are outlined in California Labor Code Section 1102.5 which establishes protected activity related to actions on the part of employees who act as whistleblowers by coming forward to offer sensitive information and data on illegal, unethical, and/or hazardous activities to the appropriate regulatory and/or law enforcement agency tasked with oversight and administration of the law.
Under the California Whistleblower Protection Act, any employee who elects to disclose violations or noncompliance with federal, state, or local laws and regulations is acting within his or her rights as a whistleblower and the state and federal laws in place to offer whistleblower protections to these individuals prohibit any form of retaliation on the part of an employer.
Harassment in the workplace, demotion or termination of employment, reduction in duties and wages, and any other adverse action taken towards an employee as a result of his or her protected activity as a whistleblower is illegal and puts an employer and other individuals committing these acts on the part of an employer at risk of legal jeopardy.
Whistleblower-related Protected Activity
If an individual provides information, testimony, or participates in any way with an investigation addressing misconduct or an inquiry into suspected occupational safety or labor code law violations committed by an employer or supervisor within a business or other organization where the individual is employed, those actions fall under consideration as protected disclosures and that individual is protected from retaliation under the law.
Protected activity covers the actions of any employee who chooses to notify a government regulatory or law enforcement agency, a manager, supervisor, or other authorized official to the employee, or other employee with authority relating to the organization who has the power to investigate, examine, probe, and/or rectify the violations or noncompliance, and offer information or testimony to an investigating body when he or she has cause to believe that his or her employer is in violation of or noncompliance with state and/or federal regulations, laws, and/or existing statute.
Whistleblower Retaliation
Actions that constitute whistleblower retaliation are taken to prevent or discourage or punish an employee who has come forward in good faith with information or other evidence of an employer’s illegal activity or behavior. But under state and federal law, whistleblowers are protected from retaliation in order to encourage employees who feel that blowing the whistle on dangerous practices and noncompliance with the law is the only way to make any meaningful changes, protect the public, even boost employee morale knowing that something is being done to curb wrongdoing and hold those accountable who deserve it.
Retaliation occurs when the following behaviors are demonstrated on the part of an employer or supervisor with authority over an employee who has made an attempt to inform a regulating body, confidential government agents, or other law enforcement agency of illegal activity:
Hostile Workplace
Employees who are being treated differently than usual may have grounds to file a retaliation complaint. Common examples of whistleblower retaliation in the form of a hostile work environment include harassment from co-workers and supervisors, isolation or omission from work meetings, work events, conference calls, and other work-related gatherings in which the employee was previously included and/or expected to attend.
Reduction in Employee Obligations
Any employee who has submitted a protected disclosure to the appropriate law enforcement agency and found himself or herself suddenly reassigned to a lower position than their current employment, moved to a different or less advantageous location within the company or organization, or had their job responsibilities, duties, or even their work hours reduced as a result may also have grounds for a retaliation complaint
Negative Job Review
Another common subject of whistleblower retaliation complaints is from the employee who has received negative job performance reviews after coming forth with a protected disclosure about an employer or co-worker’s behavior. Retaliation may be particularly apparent if these negative job reviews are dramatically different from previous reviews which were otherwise positive. A negative performance review as a result of whistleblower activity is often a clear-cut case of retaliation on the part of the employer.
Termination of Employment
The Whistleblower Protection Act and the Whistleblower Protection Enhancement Act of 2012 are both succinct in prohibiting any employer from terminating the employment of an employee engaged in disclosures or other activities that fall under other whistleblower protection laws beyond the state and federal levels. If an employee is fired from his or her job for exercising their right to act as a whistleblower should he or she have a reasonable belief of illegal activity or wrongdoing on the part of their employer, that termination is a clear violation of whistleblower protection laws.
Whistleblowers are Protected From Retaliation
If you are experiencing any of these behaviors as a result of whistleblower protected activity, you may have cause to take legal action and file a retaliation complaint or other legal recourse. Engaging in whistleblower activities means you are protected from retaliation under state and federal law.
You have every right to protect yourself and calling a whistleblower retaliation attorney with the experience and resources to fight for you is the next best move.
Document Everything and Keep Receipts
Even the smallest, most insignificant changes that occur after blowing the whistle may constitute whistleblower retaliation on the part of your employer. If you notice any differences, take notes. Keep a running log or journal to record any patterns of behavior that may be hostile or considered a form of harassment. Save emails and texts that support your claim of retaliation.
If you are demoted from your position of employment, receive a change in shift, or a notice of relocation, keep all of these documents to support your claims. Job performance reviews are also a good thing to keep handy should you receive negative reviews as a result of whistleblower activity.
The more documentation and paperwork you have to back up your claims of whistleblower retaliation against your employer or other employee, the better off you’ll be in presenting your case in a court of law.
File an Official Retaliation Complaint
Retaliation complaints must be submitted in writing to the attention of the appropriate individual in the organization’s human resources department or, if there is no HR department where you work, the appropriate supervisor or manager with authority to investigate the issue. Should that fail to bring any acknowledgement or satisfaction of the problem, escalating the complaint to a higher level supervisor or even a third-party organization may be required.
Speak to a Whistleblower Attorney
The Law Office of Fahim Rahman has helped employees turned whistleblowers fight for their rights against unscrupulous employers who willfully violate the law. An employee acting in the capacity of a whistleblower has a variety of legal remedies to protect his or her rights and protections in the state of California.
Legal Remedies for Cases of Whistleblower Retaliation
Employees who have been subject to whistleblower retaliation on the part of any employer willfully violating the anti retaliation provisions in the state of California may be entitled to compensation and other monetary remedies through legal action.
Some of the most common remedies are the following:
Lost Wages
If a court of law rules in your favor, you may be entitled to receive wages lost as a result of your demotion or termination of employment due to whistleblower retaliation. This includes back pay for wages lost as a result of your employer’s retaliation and any future wages that you will lose due to your demotion or termination from the organization.
Lost Benefits
Employees who have been the victim of whistleblower retaliation may also be entitled to receive the benefits they lost as a result of a demotion or termination. Restoring benefits that were given to members of the organization would be a remedy that any employee who was wrongfully terminated due to retaliation should be entitled to enjoy.
Additional Damages
Depending on the severity of the retaliation and the hardship caused by the actions of your employer, you may be entitled to receive additional damages and compensation for loss of reputation, emotional distress, psychological anguish, and other consequences endured due to your demotion or termination of your employment.
Reinstatement of Employment
Whistleblower retaliation that has resulted in a loss of employment either by demotion or outright termination from the organization may be reversed and your employment reinstated should your employer be found liable for retaliating against you due to whistleblower activities.
Legal Costs/Attorney’s Fees
Defending your rights in a court of law often comes with a litany of legal fees, court costs, and other expenses that you shouldn’t have to pay due to your employer retaliating against you for submitting protected disclosures about substantial and specific danger in your workplace or due to your employer’s actions. Many employees who file a retaliation complaint against their employer are often entitled to having their legal costs and attorney’s fees covered by the employer.
Punitive Damages
An employer who has shown a distinct pattern of noncompliance and illegal activities while retaliating against employees who have attempted to bring these actions to the proper authorities may find himself or herself paying punitive damages in addition to lost wages, lost benefits, and legal fees. Punitive damages are imposed against employers who have proven themselves incapable of compliance to warn them against repeating these mistakes and acting as a cautionary measure to others in the industry not to make the same mistakes or they will also face stiff fines and punitive costs.
Are You a Victim of Whistleblower Retaliation?
Don’t wait to file a retaliation complaint. The law limits the amount of time you have to act. This can be an intimidating situation to find yourself in, but your employer has powerful attorneys representing them in a court of law. You should have a high quality attorney on your side, one who knows the whistleblower laws inside and out.
That attorney is Fahim Rahman. Call today and let’s discuss how you fell victim to your employer’s retaliation for engaging in lawfully protected whistleblower activities. A free consultation will help determine if you have a case and Fahim Rahman will advise you on how to proceed with taking action in a court of law.