Whistleblower

Whistleblower at Work

Whistleblower protections are a vital shield for employees who expose wrongdoing in the workplace. Reporting illegal or unethical conduct is a courageous act, yet it often leads to retaliation, which is prohibited under both California and federal law. The impact on employees can be profound, ranging from job loss to harassment, but legal safeguards exist to protect those who act in the public interest.

What is a Whistleblower at Work

A whistleblower is an individual who discloses illegal, unethical, or hazardous activities within their organization. This includes:

  • Reporting breaches of state or federal regulations
  • Exposing fraud or financial impropriety
  • Addressing workplace safety violations
  • Revealing instances of discrimination or harassment

By bringing such misconduct to light, whistleblowers often risk their professional standing to uphold integrity and public safety.

Examples of Whistleblower Retaliation at Work

Retaliation against whistleblowers can take many shapes, such as:

  • Wrongful termination or forced resignation
  • Demotion or reduction in wages
  • Negative performance reviews
  • Exclusion from advancement opportunities
  • Hostile treatment or isolation

Laws Protecting Your Rights at Work

Federal Protections

  • Whistleblower Protection Act of 1989: Protects federal employees reporting misconduct.
  • Sarbanes-Oxley Act: Shields workers in publicly traded companies who disclose fraud.
  • Dodd-Frank Act: Defends those reporting securities law violations.

California Protections

  • Labor Code 1102.5: Prevents retaliation for reporting legal violations to authorities or management.
  • Labor Code 98.6: Protects employees who flag labor law issues, like unpaid wages.
  • Labor Code 6310: Safeguards workers reporting safety concerns to Cal/OSHA.
  • Government Code 8547: Known as the California Whistleblower Protection Act, it covers state employees.
  • Health & Safety Code 1278.5: Defends healthcare workers reporting patient safety risks.

California’s laws often provide broader and more robust protections than their federal counterparts.

How to Protect Yourself if You Experience Whistleblower Retaliation at Work

If you experience retaliation for whistleblowing, consider these steps:

  1. Document Every Detail: Note dates, times, and specifics of your report and subsequent retaliation. Retain emails, texts, Slack or Teams messages, or reviews. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
  2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
  3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process regarding the retaliatory actions.
  4. File a complaint: Submit a complaint to an agency like the California Labor Commissioner or Cal/OSHA, depending on the issue. An attorney can help you with filing these claims.
  5. Consult an Attorney: Consult a California employment lawyer to evaluate your options and build a case.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.

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