Employment Law Attorney in California
Whistleblowing occurs when an employee has a good faith belief that his or her employer, including a supervisor, is doing something illegal and reports it. Whistleblowing is a daunting task because retaliation is a real threat. Good people who have reported wrongdoing in the workplace have suffered retaliation so much that California enacted a law specifically to protect the good people who step up and report employer wrongdoing.
The law prevents employers from making or adopting policies that prevent an employee from reporting legal violations. employers are prevented from making or adopting policies that prevent an employee from reporting such violations. In addition, employers are prohibited from retaliating against an employee who discloses what he or she reasonably believes is a violation of law to a government or law enforcement agency. It is important to know that your claim is much stronger if you make your report to an outside governmental agency (e.g. OSHA or Department of Fair Housing and Employment). Reporting wrongdoing internally to a manager or co-worker is not sufficient unless you work for a public entity.
Further, the fact that employees only need a good-faith belief that they were reporting wrongdoing is significant. This means that ultimately if the employee turns out to be mistaken about a law being violated, he or she is still protected. Other whistleblower protection provisions involve anti-retaliation provisions for refusing to participate in an activity that an employee reasonably believes constitutes a violation of the law. If you have reported conduct by your employer that you have reason to believe constitutes a violation of the law, and you were fired or threatened with termination, you may be a “whistleblower” and may be entitled to compensation.
Potter Handy Employment Rights Law Firm has successfully handled countless whistleblower claims. If you feel you have been a victim of retaliation for whistleblowing, call our office for a free consultation. (858) 365-9722
California Whistleblower Laws
Californians are also protected by state-level whistleblower laws. Some of the most common California whistleblower laws include:
- LABOR CODE § 1102.5: Generally prohibits retaliation against any employee who discloses a violation of state or federal law to a federal or state government or law enforcement agency
- LABOR CODE § 6310: Prohibits retaliation against an employee who reports occupational safety and health violations
- LABOR CODE § 98.6: Prohibits retaliation against any employee who reports violations of the state’s wage and hour standards and other wrongful conduct
- CALIFORNIA WHISTLEBLOWER PROTECTION ACT, Cal. Gov’t Code §:8547-8547.12: Prohibits retaliation against employees of the state government for reporting waste, fraud, abuses of authority, violations of law, or threats to public health
If your situation does not fit neatly into any of the above types of whistleblower actions, you may still be protected. Contact us today for an initial case evaluation. You will speak with one of our attorneys to discuss your situation. You will receive information concerning your particular matter and you can evaluate whether our attorney fits your needs and comfort level. You can decide whether our attorney is right for you. Contact us today at (858) 365-9722.