For over a decade, our whistleblower retaliation attorneys have represented employees in employment law cases. At Wrongful Termination Law Group, a large part of the firm’s practice is devoted to helping clients deal with retaliatory actions taken by employers when the employee has acted as a whistleblower.
What is a whistleblower?
A whistleblower is someone who notifies authorities of gross employer misconduct, specifically fraudulent or illegal activities taking place at a company, agency or organization. It is strictly against federal whistleblower protections and California labor law for an employer to retaliate against a whistleblower with mistreatment or termination.
Federal statutes and state laws are there to protect workers from possible whistleblower retaliations against an employer. If you feel that you are a victim of whistleblower retaliation, contact us today. Our experienced Los Angeles whistleblower attorneys will protect your rights and fight for the compensation that you deserve.
What is whistleblower retaliation?
Whistleblower Retaliation refers to a unique subset of claims where an employer negatively treats an employee for reporting illegal activities. Similar to all other forms of retaliation, whistleblower retaliation can occur due to various instances.
Blowing the whistle on fraudulent or illegal actions at your workplace is the right thing to do, but can have serious repercussions. Whistleblowers often suffer adverse action at the hands of their employers, including termination, demotion, salary cuts or other forms of retaliation.
A number of different employee actions can constitute whistleblowing, including reporting
- Misuse of funds
- Breach of regulatory, federal, or California labor laws
- Violations of regulations
- Unsafe practices that negatively affect public safety or public health
- Fraudulent activity
- Reporting employer misconduct
- Violations of family or medical leave employment laws
What are some whistleblower retaliation examples?
If you notice that your employer is conducting illegal business practices which you are not comfortable with, it is your right to file a report without being prosecuted.
California labor law protects employees rights from being discriminated against by the employer when filing a lawsuit on behalf of the government. When employers retaliate, it can be in the form of:
- Decrease of salary, or denial of wage increases
- Passing over the employee for promotion
- Negative performance reviews
- Reduction in work hours
- Ridicule or harassment in the workplace
- Termination of employment
What is the Whistleblower Protection Act?
The Whistleblower Protection Act of 1989 is a United States federal law to protect federal employees from who have reported illegal employer actions. If an employer retaliates against an employee, the Whistleblower Protection Act entitles the employee to file a report with a government agency and sue the employer.
The Whistleblower Protection Enhancement Act (WPEA) of 2012 strengthens protections for Federal employees who blow the whistle on employer misconduct. The WPEA ensures that whistleblowers do not forfeit their protections due to:
- disclosing the wrongdoing to a person who was involved in the misconduct
- the misconducted already having been reported
- the employee’s motives for blowing the whistle
- the disclosing employee being either off duty or making the report during the normal course of his work duty
- any amount of time elapsed between the events and the report
The WPEA enhances protections for any reporting of government waste or gross mismanagement, abuse of power, dangers to public safety or public health, or any other breach of Federal laws or regulations.
Several federal agencies are empowered to enforce the Whistleblower Protection Act. The Office of Special Counsel (OSC) investigates whistleblower claims and ensures that employees can make whistleblower claims without fear of reprisal. The Merit Systems Protection Board works to promoted a Federal workforce uhindered by unfair adverse employer actions, and specifically those that treat whistleblowers unfairly.
If you have witnessed an illegal act at your workplace, a whistleblower attorney will help protect your rights.
What does the California labor law state about whistleblower retaliation?
According to the California labor law, employees have provisions for whistleblower retaliation and should never fear to report their employer for illegal practices. For instance, the U.S Department of Labor enforce many employment laws which protect whistleblowers for reporting illegal violations which they believe are unlawful. These may include refusing to engage in any action or participating in activities which breach the California labor law.
There are many different types of whistleblower laws that protect workers from whistleblower retaliation, including:
- Dodd-Frank Act: This protects whistleblowers when reporting any government related fraud.
- Federal False Claims Act: This California whistleblower law safeguards whistleblowers when reporting illegal practices to the Securities and Exchange Commission.
- Sabarnes-Oxley Act: This act defends whistleblowers when reporting bank fraud, securities fraud, mail fraud and wire fraud.
California whistleblower laws include what are known as qui tam suits. Qui tam suits permit persons a share of any government funds recovered through their reporting of the funds’ misuse.
When should I file a whistleblower retaliation claim in California?
File a whistleblower retaliation complaint if your employer has retaliated against you for exercising your rights as worker. If you have been retaliated against by your employer under the California labor law, you must file a complaint of the alleged whistleblower retaliation as soon as possible.
In whistleblower retaliation cases, an employee should file a claim anywhere between 90 days to 6 years. Even though the statute of limitations can take several years, it is of significant importance for employees to act immediately to obtain the necessary evidence to help defend their case. Nonetheless, several months of investigation and preparation are required before any whistleblower retaliation claim is taken to court.
It is every employee’s right to file a whistleblower retaliation claim if they believe their employer is conducting unlawful practices. It is always a great idea for the victim of whistleblower retaliation to note down all of the incidents that have occurred to have a stronger claim for illegal whistleblower retaliation.
We represent employees.
Are you a victim of whistleblower retaliation in Los Angeles, California? If you have seen your employer conduct any illegal business practices and are not sure how to handle the situation, contact our whistleblower attorneys today. When working with our team at Wrongful Termination Law Group, we will work closely together with you to understand your situation and defend your whistleblower retaliation case.
When filing a lawsuit under the California whistleblower law, contacting an experienced team of whistleblower retaliation attorneys is extremely vital. Our duty as your whistleblower retaliation attorney in Los Angeles is to determine which California whistleblower laws are applicable to devise the most appropriate legal strategy for you.
Contact us today to set up a 100% free and confidential whistleblower retaliation consultation. The majority of our work is done on a contingency basis, which you will not be charged unless we win at trial or successfully settle your case.