Whistleblowers

Whistleblowers are individuals who report unethical and unlawful acts committed in the workplace. Whistleblower disclosures could include theft, fraud, sexual harassment, and wage-hour violations. As a whistleblower, you are protected by federal and state laws. These allow you to report these incidents without fear of retaliation.

Unfortunately, some employers are unwilling to correct their wrongdoings and thus can retaliate against you for speaking up. Retaliation can take many forms, most of which can impact your livelihood and career significantly.

If you face retaliation for whistleblowing in California, you can report the incident to the relevant entities, which gives you the right to sue your employer. Armed with the right to sue, you can file a lawsuit and recover compensation for the losses associated with the retaliatory acts. The laws on whistleblowing and retaliation are complex. Therefore, you will need the expert legal insight we offer our clients at Stop Unpaid Wages.

An Overview of Whistleblowers in California

A whistleblower is someone who observes and reports unlawful behavior within their workplace. These individuals act alone or sometimes in groups. They play a vital role in maintaining integrity in the business environment. Without their willingness to come forward, many harmful incidents might go unnoticed. These incidents can affect countless people.

You are legally entitled to report your employer's conduct if they violate California or federal laws. Due to the importance of whistleblowers in today’s professional world, laws exist to shield them from retaliation for sharing the information.

Whether you work for a small business, a large company, or a government office, labor laws are in place to protect you. Some employers disregard rules. For this reason, legislators established protections to allow employees to report wrongdoing without fear.

Federal Protections for Whistleblowers in California

Whistleblowers are essential in exposing misconduct, fraud, or abuse within different organizations. The federal government has passed several important laws to safeguard whistleblowers from retaliation. They include:

Whistleblower Protection Act of 1989. This law defends federal employees who report unethical or illegal acts. It protects the whistleblowers from unlawful termination, demotion, or punishment for speaking out. The act marked a significant step in recognizing whistleblowers as key to government accountability.
Whistleblower Protection Enhancement Act of 2012. This was an enhancement to the 1989 law. It reaffirmed that workers are covered even when reporting wrongdoings to their supervisors. It also created the Office of Special Counsel, or OSC. The OSC can investigate retaliation cases and receive complaints from whistleblowers.
Intelligence Community Whistleblower Protection Act. The act applies to individuals in intelligence or national security roles. It creates a safe process to report concerns without revealing classified data. The protections in this field are more limited. However, the act provides a clear reporting path to avoid security breaches.

Protections for Whistleblowers under California Law

California has strong laws to protect whistleblowers. These laws shield employees who report illegal or unsafe practices at work. The main protections for whistleblowers under federal law include:

Labor Code Section 1102.5. This is the core whistleblower law. It protects workers who report suspected illegal activity to a supervisor, government agency, or law enforcement. Employers cannot retaliate through firing, demotion, or other punishment.
Labor Code Section 98.6. This law protects employees who file complaints with the Labor Commissioner. It also applies to those who report labor code violations, such as unpaid wages or unsafe working conditions. Employers cannot fire, discipline, or threaten workers for speaking up.
California False Claims Act (Gov. Code §12650–12656). This applies when someone reports fraud against the government. A whistleblower can file a lawsuit on behalf of the state. If successful, they may receive a portion of the recovered money.
Health and Safety Code Section 1278.5. This section protects healthcare workers who report unsafe patient care or hospital conditions. It prevents retaliation against nurses, doctors, or staff who speak out in good faith.

Common Types of Whistleblower Disclosures

There are several ways through which companies can violate the laws and ethical considerations of the specific industry. A whistleblower brings these incidents to light. The instances of whistleblowing include:

A whistleblower may expose instances of fraud or theft. Whistleblowers may report fraud or theft in a company. It includes stealing money or property, or falsifying records. For example, an employee can report a company for their tendency to bill clients for services not provided. Speaking out can stop clients' financial losses.
Unsafe working conditions. Hazardous work environments are a significant reason for whistleblowing. It involves the lack of safety gear, poor training, or dangerous equipment. Workers may face serious injury or even death from these conditions. Whistleblowers bring attention to these risks. Their reports can lead to safer policies and save lives.
Discrimination. Whistleblowers may expose workplace harassment or discrimination. Instances of discrimination include unfair treatment based on race, gender, age, religion, or disability. Victims often feel powerless, and they may fear reporting to escape stigma. Reporting such behavior helps promote fairness and respect at work.
Wage and hour violations. Some employers illegally underpay workers. Some might even compel workers to do unpaid overtime. These are practices revealed by whistleblowers. They work to make sure that workers are paid fairly and not overworked. It also punishes companies for their misdoings.
Sexual Harassment. Employers must establish policies to stop and address sexual harassment in the workplace. Additionally, there are laws to prohibit sexual harassment. Sexual harassment can range from obscene sexual remarks to severe sexual assault. Whistleblowers shed light on these incidents at work even when they are not the victims.
Environmental violations. Whistleblowers can shine a light on damage to the environment. These could take the form of illegal dumping of toxic wastes or pollution of air and water. Such acts can destroy ecosystems and human health. Whistleblowers are essential for the effective enforcement of environmental protections and community safety.
Violations of state or federal law. Employees may report any illegal activity in the workplace. It includes corruption, fraud, or other crimes. Whistleblowers help uphold the law. Their courage often prevents further wrongdoing and supports justice.

Retaliation for Whistleblowing in California

Some companies and employers do not take whistleblowing lightly. Reports of wrongdoing or violation can have a significant impact on the company. Therefore, you may face retaliation, which comes through the following actions:

Sudden termination. A common form of retaliation is being fired shortly after reporting illegal activity. You can reference the suspicious timing even if the employer gives another reason. If the firing happens soon after the whistleblowing, it could constitute retaliation.
Demotion or loss of responsibilities. An employee might not face termination after whistleblowing. However, the employer can demote them or strip them of key duties. The job may still exist in this case, but it becomes less meaningful or more difficult.
Pay cuts or denied raises. Sometimes, whistleblowers are targeted financially. Your employer can deny you a raise or a bonus, or reduce your pay. These changes can cause significant financial struggles.
Negative performance reviews. Your employer may start giving you negative reviews after you speak up. They can then use these reviews to justify disciplinary action or termination. This shift is a red flag if the employee had a strong record before reporting the issue.
Isolation or exclusion. After whistleblowing, your employer may leave you out of meetings or team activities. Social isolation can make the work environment hostile and uncomfortable, and push you out without termination.
Harassment or hostile work environment. Whistleblowers may face increased scrutiny and targeted harassment from supervisors or coworkers. This type of treatment aims to force the employee to quit.
Denial of promotion or opportunities. An employer can deny a qualified employee a promotion or training after speaking up. It can stall a career in a lasting way. You can claim retaliation if you are in this predicament.
Transferred to less desirable roles or locations. Some whistleblowers are moved to positions with worse hours, more stress, or far-off locations. These transfers are often made to seem like business decisions. But when they happen after protected activity, they are signs of retaliation.

If you face any of these forms of retaliation, you can sue your employer and recover compensation.

Steps to Filing a Retaliation Lawsuit as a Whistleblower in California

California law protects whistleblowers. You may have a case for retaliation if you face punishment for reporting wrongful or unethical conduct at work. The following are the steps you must take to file a retaliation lawsuit:

Understand What Counts as Whistleblowing

Whistleblowing means you reported something illegal, unsafe, or unethical at work. It can be something you saw or an employer or supervisor asked you to do. You do not need to prove the company broke the law. You can report the issue to your manager, HR, or a government agency.

Whistleblowers receive protection under state and federal laws. Reporting unfairness or favoritism does not constitute whistleblowing. The complaint must involve illegal conduct or public safety concerns.

Know What Retaliation Entails

Retaliation happens when your employer punishes you for reporting misconduct. It can be obvious or subtle. Some common forms of retaliation include termination, demotion, and pay cuts. You must recognize the exact form of retaliation and have evidence to support the claim.

Timing is an essential factor when determining incidents of retaliation. If your unfair treatment started soon after your complaint, that could show retaliation. Your employer might argue that legitimate actions, such as poor performance, led to the adverse action. However, records of good job performance before whistleblowing can help prove your allegations.

Gather Relevant Evidence

You need evidence to support your claims when filing a retaliation lawsuit. The strength of your case increases with the amount of evidence you have. Common evidence you should collect includes:

Emails or messages showing what you reported as the alleged wrongful conduct
Notes from meetings where you made the complaint
Written warnings, termination notices, or demotion letters
Copies of performance reviews before and after reporting the violations. These records help to prove that the actions taken against you constitute retaliation and not.
Witness statements. If coworkers saw what happened, you can ask them to make statements supporting your account.

You should write down the key dates and the events that happened. The timelines will help your lawyer and support your memory if the case takes a long time.

Check Deadlines

Different whistleblower laws have different statutes of limitations. Missing them can mean you lose the right to sue. Common whistleblower laws and their deadlines include:

California Labor Code 1102.5. You have 3 years from the date of the retaliation to file a claim under this whistleblower protection law. It safeguards employees who report illegal or unethical behavior by their employer.
California Civil Rights (CRD) claims. Individuals must file a claim with the agency within 3 years of the discriminatory or retaliatory act. It covers workplace issues like harassment, discrimination, or retaliation.
OSHA safety complaints. If you face adverse action for raising concerns, you have up to 6 months from retaliation to report workplace safety violations to OSHA.
Federal whistleblower claims. Filing deadlines vary, with some as short as 30 days. Therefore, you must act quickly after the resolution occurs.

File an Internal Grievance

You can report retaliation to your company’s HR department or through an internal complaint process. Although this step is optional, it can show that you tried to resolve things before suing. It also creates a record of the retaliation. When making an internal report, you should:

Make your complaint in writing.
Describe what you reported.
Describe the actions taken by the employer after your report.
Keep a copy for your records.

After reporting the incident internally, the employer can take the proper measures to remedy it or ignore the report.

Report to the Right Agency

Before filing a lawsuit, some laws require you to file a complaint with a state or federal agency first. If your case involves workplace retaliation, you might need to go to:

The California Labor Commissioner for labor code violations
The California Civil Rights Department investigates retaliation based on discrimination or harassment.
OSHA for safety complaints at the workplace
The U.S. Department of Labor for federal issues

These agencies may investigate your complaint and offer mediation. If you do not reach an agreement at the mediation, the agency will give you a right-to-sue letter, which allows you to file a lawsuit.

Seek Legal Representation

California and federal laws on whistleblowing and retaliation are complex. Therefore, you will need expert legal insight to navigate your lawsuit. Your attorney can:

Review your documents. Your lawyer will review the documents you have to determine how they can use them in your favor during the lawsuit.
Write and file agency complaints. A skilled attorney will guide you through filing a complaint with the relevant agencies.
Negotiate with your employer. Most cases of retaliation against whistleblowers are handled through mediation. Your attorney will negotiate with your employer for a favorable settlement.
Take your case to court if needed. If your case goes to trial, your lawyer will represent your best interests by protecting your constitutional rights. Additionally, they will ensure you recover maximum compensation.

File the Lawsuit

If your employer does not resolve the matter, you can file your lawsuit with the right to sue. Your lawsuit should include the following information:

The whistle-blowing activity in which you engaged
How your employer retaliated against you after reporting their violations
The timeline of events, which includes when you reported and when the retaliation began
How the retaliation harmed you
The specific laws that your employer violated

You can file the lawsuit in California state court or, in some cases, federal court. Your lawyer can help you draft the complaint and file it appropriately. After filing the lawsuit, the court will serve your employer with the legal papers.

Go Through the Legal Process

The case will move forward after your employer responds. The lawsuit will take the following steps before resolution:

Discovery. During the discovery stage, both sides will share information and documents related to the case. The documents might include emails, HR records, performance reviews, or internal complaints. The purpose is to ensure transparency and allow each party to review the evidence used at trial.
During depositions, attorneys from both sides will interview you and other witnesses. The attorneys will ask you to describe what you experienced or witnessed. Your testimony here can play a significant role in shaping the case's outcome. Thus, you must give transparent and honest information.
Either party can file motions during the case. These are formal requests asking the judge to dismiss parts of the case that they believe lack evidence or legal standing. Motions can narrow the issues that go to trial.
Before going to trial, many cases go through mediation. A neutral third party helps both sides try to reach a voluntary settlement. Mediation is faster and less stressful than a full trial.
If mediation does not resolve the case, it proceeds to trial. A judge or jury will hear the evidence and testimony, then decide whether retaliation occurred. Additionally, they will decide on the damages you can recover.

Remedies in a Retaliation Lawsuit

If you prevail in a retaliation lawsuit, the court can provide a range of remedies. They are designed to restore you to the position you would have been in if the retaliation had not occurred. They include:

Reinstatement or Front Pay

The court may order your employer to reinstate you to your former position if you were wrongfully terminated or forced to resign. Sometimes, returning to the workplace is no longer feasible due to hostility or changes in circumstances. In this case, the court may compensate for the income you would have earned.

Back Pay and Lost Benefits

You may be entitled to back pay, which you lost due to the retaliatory actions. Back pay includes wages, bonuses, and other work benefits. It can also cover missed raises and promotions you would have received had the retaliation not occurred.

Compensatory Damages

These damages aim to address the emotional and psychological toll of retaliation. The court recognizes that financial losses are not the only harm caused by retaliation for whistleblowing. They can cover pain and suffering, emotional distress, and damage to your personal or professional reputation.

Punitive Damages

The court may award punitive damages if the employer acted maliciously or recklessly. These damages do not compensate you for your loss. Instead, they punish the employer and deter similar conduct in the future.

Legal Fees and Court Costs

If you win your lawsuit, the court may order your employer to pay your attorney’s fees and other legal expenses. The legal remedy ensures that seeking justice does not become a financial burden for the victim.

Injunctive Relief

Courts may also issue orders directing the employer to stop ongoing retaliation or to take corrective actions. These actions include revising workplace policies and improving internal reporting mechanisms. Additionally, the court may order an employer to implement new workplace training programs related to whistleblower protection.

Interest and Public Recognition

The court may award you compensation for interest on lost wages to account for the time value of money. Additionally, your employer should issue a formal correction to restore your professional standing.

Find an Employment Lawyer Near Me

Whistleblowers report unlawful conduct by their employers or companies. These reports help regulate conduct in companies and the public sector. Being a whistleblower often feels like the right thing to do. However, it can cause severe consequences for your work and career. Employers unhappy about your disclosure can retaliate against you through acts like demotion, termination, or a hostile work environment.

There are federal and state laws designed to protect whistleblowers from retaliation. Therefore, if your employer violates these laws, you can file a lawsuit against them. Pursuing a whistleblower retaliation lawsuit involves gathering relevant evidence, reporting to the government entities, and filing a case in court.

You can recover compensatory damages, attorney fees, and court costs in a successful lawsuit. Additionally, the court can order your reinstatement and injunction. While you navigate your lawsuit, you'll need the guidance of a skilled lawyer. At Stop Unpaid Wages, we offer expert legal insight for our clients facing retaliation for whistleblowing in California. Contact us at 424-781-8411 to discuss your case.