Whistleblower
Rights and Protections
– What is a Whistleblower?
In California, a “whistleblower” is an employee who discloses information to a government or law enforcement agency, or person with authority over the employee. The employee must to believe that the information exposes:
- A violation of a state or federal statute.
- A violation or noncompliance with a local, state or federal rule or regulation.
- Unsafe working conditions or work practices that threaten employee safety or health.
An employee who refuses to participate in an activity that would result in any of the above violations.
Is it Illegal?
Not all suspicious activities are illegal. Anyone can blow the whistle if they reasonably suspect, or refuse to participate in, wrongdoing or unethical behavior, such as:
- Criminal offences
- Fraud
- Regulatory breaches
- Health and safety (including environmental) breaches, or cover-ups.
- Illegal corporate misconduct
- Overt employment discrimination
- Sexual harassment
- Deceitful or false advertising
- Forcing employees to lie or commit consumer fraud
- Fixing the books to show a profit
Whistleblowing should not be used to air grievances or make false reports.
Whistleblower Protections
An employer may not prohibit an
employee from being a whistleblower.
An employer may not retaliate against an employee who is a whistleblower.
An employer may not retaliate against an employee for refusing to participate in an activity that
would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
An employer may not retaliate against an employee for having exercised rights as a
whistleblower.
Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.
How to Whistleblow
Write (don’t call), if you are reporting illegal or suspicious activities in your workplace. Email is a good way to report, make sure you save a copy.
If your company has a policy to report illegal or suspicious activities (most employers do), you may need to report the Whistleblower complaint Human Resources.
This is often the classic “double edged sword” because the employee feels that if he or she reports illegal activity by a supervisor, a co-worker, an executive, or the company will retaliate and fire him or her or force them to quit.
We can help you determine the best way to tell HR. If the matter is serious enough, or if all other remedies have been exhausted, you might need to file a lawsuit to stop the illegal activity and/or to seek compensation for any wrong done to you.
Take Action, Contact us.
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Our advice is 100% confidential.
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