As an employee, if you report your employer for violating laws, regulations, and in certain circumstances, public policy or otherwise engaging in wrongful activities that could be harmful to the public, you are protected by the law against retaliation based on such whistleblowing activities.

Even though it’s against the law, some employers still retaliate against employees who report unlawful or wrongful activities. So what do you do if you have been wrongfully terminated or have experienced any form of whistleblower retaliation?

Read on to find out all you need to know about whistleblowing in the workplace and what to do if you are a victim of whistleblower retaliation.

Whistleblowing Definition

The term whistleblowing is used when an employee or a worker reports or otherwise discloses information about suspected wrongdoing or danger in the workplace. This usually involves the conduct of a supervisor or staff. It may be the conduct of the company that employs them. It may also relate to a supplier, service provider, or customer of the company.

To be considered a whistleblower under most statutes, the information that you disclose must be of public interest. This will depend on the number of people affected, the nature of the wrong done, and the party involved. In other words, the information disclosed must have a wider impact than the employee’s personal circumstances.

If you decide to “blow the whistle” on your employer, you are protected by the law. This covers an employee, a trainee, agency worker, a member of a Limited Liability Partnership (LLP), etc.

Examples of whistleblowing in the workplace

Here are some common whistleblowing examples:

Fraud: This refers to a criminal deception carried out for financial or personal gain. This could include concealing safety violations, falsifying certifications, over-billing, health-care fraud, tax fraud, and so on. An employee may report suspected fraudulent activities by the employer to the appropriate authorities.
An employee may report incidents like racial discrimination or sexual harassment by the employer to a sexual harassment lawyer or the appropriate authorities, such as the California Department of Fair Employment and Housing (DFEH)
A factory worker may report unsafe working conditions threatening the lives of workers in the factory.
An employee may report a suspected violation of the law. For example, a company may not have the right insurance.

Whistleblower retaliation

When an employer retaliates against an employee for whistleblowing, it is commonly referred to as whistleblower retaliation. Whistleblower retaliation may take various forms. It can be as subtle as making working conditions so unbearable for the worker, that they have no choice but to resign. It may also include demotion, threats, denial of training, resources, or professional development. It could also go as far as wrongful termination. If you have lost your job as a result of whistleblowing, you can speak to a wrongful termination attorney in Los Angeles, to evaluate your claims, become informed about your rights, discover your options, and, if you so choose, get guidance on how you can go through the process of getting compensation.

California Whistleblower Protection Laws

A number of whistleblower laws in California protect employees from whistleblower retaliation. Here are a few important whistleblower protection laws you should know:

General whistleblower protection - Labor Code 1102.5 LC

Labour Code 1102.5 LC is one of the most commonly referenced laws in California for protecting employees against whistleblower retaliation. This law prevents employers from retaliating against employees based on the following:

Disclosing information that an employee believes to be non-compliant with or in violation of a law or regulation to a law enforcement agency, someone with authority over the employee, or another employee that has the authority to investigate the violation
Providing information or testifying before a public body carrying out an investigation or hearing about what an employee believes is a violation of the law or regulation.

This law also applies to an employee even if it turns out that the employer did not violate a law or public policy. As long as the employee reasonably believed that the violation happened, they are protected by the law from retaliation.

Example: John gets a job as a consultant in a company. He goes through some documents and suspects that the company may be engaged in some fraudulent activities. John proceeds to tell a colleague who reports the situation to their boss. It turns out that the company is not engaged in any fraudulent activity and John never reported the case to authorities. However, John’s boss proceeds to retaliate by firing him. In this situation, John’s boss is liable for whistleblower retaliation under this law.

California Labor Code 98.6 LC

The California Labor Code 98.6 LC specifically protects employees who report Labor code violations to the California Labor Commissioner. These types of complaints may include wage and hour law violations like an employer paying less than the minimum wage or failing to give the required rest and meal breaks. This law also extends to job applicants filing complaints with the Labor Commissioner about former employers.

Labor Code 6310 LC

The Labor Code 6310 LC prohibits employers from retaliating against employees who report violations of occupational health and safety to the California Division of Occupational Safety and Health (Cal/OSHA).

Government Code 8547 GC et seq

If you are a public employee working in the California state government, you are protected under California’s public employee whistleblower retaliation law. Known as the California Whistleblower Protection Act, this law differs from the other whistleblower protection laws. This law protects public employees who report the following:

Violation of laws, regulations, court orders, and executive orders.
Conditions that may likely threaten the safety of employees or the public
Government activities that are economically wasteful or involve inefficiency and incompetency.

What to do if you are a victim of whistleblower retaliation?

If your employer retaliates against you for reporting a violation of the law or public policy, you can file a claim against your employer to receive compensation.

You can work with an experienced employment lawyer to investigate every aspect of your claims and help protect your rights.

It is important to keep a record of the employer’s retaliatory actions, including the an account of the retaliatory act or actions, the date, and even the time where appropriate. All this can serve as evidence to prove that your employer indeed acted in retaliation. Timing is also crucial. The statute of limitations requires that you file your claim within a set period or you may forever lose your rights. Therefore, it’s important to consult with an experienced employment lawyer to learn about the appropriate statute of limitation that governs your claim. Your compensation could include:

Lost wages and benefits due to wrongful termination
Compensation for physical and mental pain, anxiety, grief, etc
Punitive damages against the employer

Whether you are an employee in the private or public sector, your rights matter. At Dejban Law, we have a track record of upholding the rights of employees. If you are a victim of whistleblower retaliation, you can get in touch with us today.

Whistleblowing in the workplace: All you need to know