Whistleblower laws are put into place at the federal level and at the state level to help prevent employees from being retaliated against for reporting various violations of law or public policy. For example, whistleblower laws can help protect a person who comes forward to report sexual harassment or discrimination in the workplace. Under California law, the state’s Whistleblower Protection Act safeguards employees from retaliation when reporting wrongful conduct, whether internally or externally, and explores the various legal avenues available for whistleblowers seeking justice against their employers. These laws can also protect a person reporting about illegal activity on the part of their employer or unsafe work conditions. Whistleblower laws provide vast protections for workers in this state. Read on to learn more about them, and if you have additional questions, speak with an Orange County employment attorney.
Overview of Whistleblower Protections in California
California has a robust set of whistleblower protection laws that safeguard employees who report suspected violations of state or federal law, including health and safety violations, to their employers or government agencies. These laws aim to encourage employees to speak up without fear of retaliation, ensuring that employers maintain a safe and lawful work environment. The California Whistleblower Protection Act, Labor Code 1102.5, and other statutes provide a framework for protecting whistleblowers and holding employers accountable for any retaliatory actions.
California’s General Whistleblower Protection Law: California Whistleblower Protection Act
Labor Code 1102.5 LC is the source for the general whistleblower protection law in this state. This law prohibits employers from retaliating against employees for doing the following:
- Disclosing information that the employee believes to be a violation or non-compliance with a regulation or law to a regulatory or law enforcement agency, a person with authority over the employee, or another employee who has the authority to investigate the issue.
- Providing information or testifying in front of a public regulatory body conducting an investigation, inquiry, or hearing about what the employee believes to be a violation or non-compliance with a regulation or law.
We do want to point out that the whistleblower protections extended under this law will apply to an employee even if it turns out that an employer did not violate a law or public policy. So long as the employee reasonably believed that a violation had occurred, they are protected from retaliation. Employers must demonstrate by clear and convincing evidence that their actions would have happened regardless of the whistleblowing.
Some of the most common ways that employers retaliate against employees include the following types of behaviors:
- Wrongful termination
- Demotion
- Changes to less desirable shifts
- Harassment in the workplace
- Pressure to resign
- Changes in pay
- Failure to promote
- …and more
Other Whistleblower Laws in California: State or Federal Law
There are other types of laws that provide whistleblower protections for specific employee complaints in California. California Labor Code 98.6 LC prohibits an employer from retaliating against an employee because they report violations or supposed violations of wage and hour laws. This can include instances of employers paying less than minimum wage, failing to pay required overtime, or failing to provide rest or meal breaks.
The California False Claims Act enables individuals to file qui tam lawsuits against entities defrauding government programs. Whistleblowers can seek treble damages and are protected against retaliation when exposing wrongful activities related to government funds.
Labor Code 6310 LC prohibits employers from retaliating against employees who report any violations of health and safety rules to the California Division of Occupational Safety and Health (Cal/OSHA). Health and Safety Code 1278.5 imposes penalties on healthcare administrators who retaliate against employees reporting unsafe conditions, ensuring workers can bring forward safety concerns without fear of reprisal.
Types of Whistleblower Protections
California whistleblower protection laws cover a wide range of situations, including:
- Reporting suspected violations of state or federal law, including health and safety violations
- Refusing to participate in activities that would violate state or federal law
- Reporting improper governmental activities, such as waste, fraud, or abuse of authority
- Filing a complaint with the State Personnel Board or other government agencies
- Participating in an investigation or proceeding related to a whistleblower complaint
These protections apply to both public and private sector employees, including state employees, who are protected under the California Whistleblower Protection Act.
Common Reports Made by Whistleblowers
There are various reasons why employees may need to report violations of law or public policy to the appropriate supervisor or regulatory agency. Some of the most common types of whistleblower complaints include the following:
- Reports of workplace harassment or discrimination
- Violation of state or federal labor laws
- Reporting unsafe working conditions
- Reporting illegal dumping or pollution
- Reporting of wasteful activities by public agencies
- Tax fraud
- Health care fraud
- Stock or securities fraud
- …and more
Several federal laws, such as the Sarbanes-Oxley Act and the Dodd-Frank Act, protect whistleblowers from retaliation when they report fraud or safety violations by their employers.
Filing a Complaint
If an employee believes they have been retaliated against for making a protected disclosure, they can file a complaint with the relevant government agency, such as the State Personnel Board or the California Labor Commissioner. The complaint must be filed within a certain timeframe, typically 90 days from the date of the retaliatory action. The employee may also want to consult with an attorney who specializes in whistleblower cases to ensure their rights are protected.
Deadline to File a Complaint or Lawsuit
The deadline to file a complaint or lawsuit varies depending on the specific statute and circumstances. Generally, employees have 90 days to file a complaint with the State Personnel Board or other government agencies. If the employee decides to file a lawsuit, they typically have one year from the date of the retaliatory action to do so. It is essential to consult with an attorney to determine the specific deadline and ensure timely filing.
Whistleblower Retaliation and Public Policy Wrongful Termination
Whistleblower retaliation and public policy wrongful termination are related but distinct concepts. Whistleblower retaliation occurs when an employer takes adverse action against an employee for making a protected disclosure. Public policy wrongful termination, on the other hand, occurs when an employer terminates an employee for reasons that violate public policy, such as reporting a health and safety violation. While there is some overlap between the two, whistleblower retaliation is a more specific claim that requires proof of a protected disclosure and retaliatory action.
Working With an Attorney
If an employee feels they have been retaliated against for reporting a violation of law or public policy, they need to seek assistance from a qualified employment law attorney as soon as possible. State employees are afforded specific rights and protections under the California Whistleblower Protection Act, which protects them from retaliation when reporting improper activities within the state government. A lawyer can use their resources to investigate every aspect of these claims and help victims recover the compensation they are entitled to. If the State Personnel Board determines that an employee was a victim of retaliation, it has the authority to order specific remedies for the affected individual. This could include coverage of unpaid wages, reinstatement to a job, possible promotions, and even punitive damages against the employer. The State Personnel Board, pursuant to Government Code Section 19683, plays a crucial role in investigating complaints made by state employees about violations of whistleblower protections.
Protect Your Rights as a Whistleblower with Callahan & Blaine
If you’ve been retaliated against for reporting illegal activity or violations at your workplace, you may be entitled to compensation under California’s Whistleblower Protection Act. At Callahan & Blaine, our skilled employment attorneys have over 40 years of experience helping employees navigate whistleblower retaliation claims. We’re dedicated to ensuring that your rights are protected and that you receive justice for the unfair treatment you’ve endured.
Don’t wait to take action—whistleblower retaliation can have serious consequences. Let us help you explore your legal options and fight for the compensation you deserve. Contact us today at (714) 241-4444 or through our contact form to schedule a consultation with an experienced attorney.
