A whistleblower refers to an employee who reports their employer for illegal activity. The law protects whistleblowers so that employees are not afraid to speak up due to fear of retaliation by their employers. Employees who file reports or make complaints both internally to the company (e.g., to human resources or a manager) and externally to outside authorities (e.g., by reporting to an agency) are protected.
Whistleblowing occurs when, for example, a company employee reports violation of a safety regulation to a government agency, an employee reports improper financial reporting to senior officials within the company, or a government employee reports violation of a regulation to senior government officials, and is subsequently fired or otherwise retaliated against.
If you’ve been fired or punished for reporting a violation in your work environment, you have rights. Contact a Los Angeles employment attorney today to learn more about your options.
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Sparrow Law Group is the premier employment law firm in California, and our attorneys will make sure you get the justice you deserve. Employees should not have to be afraid to speak up and do the right thing, and we will fight for you if you are fired or punished for doing so. At Sparrow Law Group, you can expect direct communication with your attorney, and we’ll get to know you and the details of your claim. Each client is treated like family, and we will use our experience to craft a winning strategy tailored specifically to your case. Contact us today to get started.
What Is A Whistleblower?
Whistleblowers are protected by California law, so just what is a whistleblower? A whistleblower is essentially an employee who reports their employer for illegal activity or unsafe working conditions. This reporting may happen either internally or externally, and both types of reporting are protected under California law. The California Labor Code specifically lists many of the types of reporting that are protected under the law, including suspected violations of statutes or regulations (California Labor Code, LAB § 1102.5).
This same code section describes that the reporting may occur either internally or externally. It states that the report can be made to a government or law enforcement agency as well as other employees who have the authority to “investigate, discover, or correct the non-compliance.” So, a whistleblower could be someone who reports something to the local police, a government agency, like OSHA, or even to an internal authority figure, like the CFO. A whistleblower can also be someone who testifies before a government body or agency, such as Congress or the Department of Labor.
Legal Protections Given To Whistleblowers
California labor laws provide wide protection for whistleblowers. Not only are whistleblowers protected from being fired for speaking up, but they are also protected from retaliation of any kind. This means that the reporting should not adversely affect the employee in any way. The law is written this way to encourage employees to stand up for what is right and not be silent when they suspect that illegal or unsafe activity is taking place.
Retaliation can take many forms. Retaliation could be as obvious as getting fired from your job. However, it can also be a little less obvious in some cases. Giving an employee an increased workload without a valid reason could be considered retaliation. Similarly, forcing an employee to take time off or even requiring them to move their office can be forms of retaliation. Demoting an employee, refusing them a promotion, or openly scolding them are all forms of retaliation. The law provides protection for whistleblowers against all these types of retaliation. Additionally, employees who have been whistleblowers at former employers are protected from retaliation by future employers as well.
What To Do If You Are The Victim Of Retaliation
If you have been fired or retaliated against for “blowing the whistle,” you may be entitled to compensation. You should seek the assistance of an experienced Los Angeles retaliation attorney to help you. Unless there is an exception, you generally only have two years from the date of the retaliation to file a claim in California. Waiting too long can cause you to lose all your rights to a claim. Gather as much evidence as possible, including detailed notes of the date and time of any retaliatory interactions and names and contact information of potential witnesses. Your retaliation attorney can help guide you through the process of filing a claim and protecting your rights.
Schedule A Free Consultation
If you “blew” the “whistle” on an illegal activity being conducted by your employer, and your employer took negative action against you in response, you may be entitled to recovery. It is important to speak to an attorney promptly. Contact Sparrow Law Group for a free confidential case evaluation. Contact us online or call us at (310) 708-6439.