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Whistleblower Retaliation

No one should be discriminated against or retaliated against for speaking up about injustices in the workplace. Our dedicated whistleblower retaliation attorneys are available 24/7 via phone and email to listen to your claims and determine if you have a valid case. If you have faced discrimination or retaliation from your employer for voicing concerns, you may be entitled to compensation.

Our experienced whistleblower retaliation lawyers have decades of experience representing individuals whose rights have been violated for speaking up about workplace injustices. We offer free, no-risk consultations to discuss the various types of compensation you might be eligible for.

Facing retaliation for speaking the truth can be extremely stressful. That’s why we are here to support you and represent your employment law claims against employers who retaliate against you for standing up for what’s right. Contact us today to protect your rights and seek the justice you deserve.

What is a Whistleblower?

A whistleblower is an individual who reports fraud, corruption, or wrongdoing in the workplace to a third party in order to address and rectify the issue.

  • Employment Context: Typically, a whistleblower is an employee of the company where the misconduct is occurring.
  • Retaliation Risk: Whistleblowers often face retaliation and discrimination from employers for speaking out. However, federal and state laws are in place to protect whistleblowers from such retaliation.
  • Industry Presence:
    • Healthcare: Whistleblowers may report patient abuse.
    • Pharmaceuticals: Whistleblowers might expose malpractice.
    • Finance: Whistleblower actions are most common, often revealing how financial professionals exploit or mislead clients.

Whistleblowers play a crucial role in maintaining ethical standards across various industries by bringing misconduct to light and ensuring accountability.

Whistleblower Protections in California

The California Labor Code prevents employers from discriminating against any employee:

  • Who testifies in a hearing or investigation against their employer
  • Provides information to a public body during the hearing or investigation
  • Discloses information to a government or law enforcement agency

Examples of violations a whistleblower could report on include:

  • Safety regulations in the workplace. For example, if your employer fails to have any safety practices or safety training protocols, you may be able to report them to a public authority
  • Antitrust violations
  • Stock and securities violations
  • Environmental law violations
  • Human Resources violations

The California Labor Code protects whistleblowers who report on any of the above violations. If you have been discriminated or retaliated against for reporting these violations, contact our attorneys today.

Federal Law

Federal statutes address whistleblower protections from retaliation by employers. For example, the different federal laws that address whistleblower protections include the Federal False Claims Act, the Sarbanes-Oxley Act, and Dodd-Frank.

California False Claims Act

California has a whistleblower statute titled California False Claims Act. This is meant to prevent contractors from submitting any fraudulent invoices for their goods and / or services. This act prevents anyone from knowingly submitting a false record that is approved or paid by the government. This is considered defrauding the government.

California Labor Code Section 1102.5

The most common whistleblower statute that addresses the protections whistleblowers have is under the California Labor Code. This labor code prohibits any retaliation against an employee who reports information that the employee reasonably believes is a violation of the law. The employer then cannot engage in any type of adverse action against the employee for speaking up.

What if my employer was not involved in any wrongdoing?

If you reported against your employer for a violation of the law, and it turns out that your employer did not violate any laws, your employer still cannot retaliate against you, and you still have whistleblower protections. As long as your suspicion was reasonable when you’re reporting it to a third party, you will be protected under the whistleblower statutes.

Examples of Whistleblower Retaliation

Employers can engage in various forms of retaliation against whistleblowers. Here are some common examples:

  • Termination: Firing the whistleblower for reporting misconduct.
  • Withholding Raises: Denying salary increases that the whistleblower is entitled to.
  • Workload Increase: Assigning excessive or burdensome tasks to the whistleblower.
  • Promotion Denial: Blocking the whistleblower’s advancement within the company.
  • Negative Evaluations: Submitting unjustified negative performance reviews to discredit the whistleblower.
  • Unwarranted Discipline: Disciplining the whistleblower without cause.
  • Payment Issues: Failing to compensate the whistleblower appropriately for their work.
  • Exclusion from Meetings: Intentionally excluding the whistleblower from important meetings or decision-making processes.
  • Harassment: Subjecting the whistleblower to verbal or physical harassment.
  • Demotion: Reducing the whistleblower’s job responsibilities or rank.
  • Transfer to Unfavorable Positions: Reassigning the whistleblower to less desirable or inconvenient positions.
  • Isolation: Isolating the whistleblower from colleagues or critical projects.

These actions can have severe impacts on the whistleblower’s career and well-being, and they are often illegal.

If you have experienced any of the above acts of retaliation, contact our whistleblower retaliation attorneys today to determine how you could receive compensation for these injuries.

What type of compensation could I receive for my whistleblower retaliation lawsuit?

Victims of whistleblower retaliation can receive various different types of compensation, including:

  • Back pay
  • Front to pay
  • Attorney’s fees
  • Emotional distress damages
  • Reinstatement to their job
  • Punitive damages: this is only awarded in certain circumstances where bad faith is revealed by the employer. To determine if you qualify for punitive damages, contact our top-rated attorneys today.

Nevada False Claims Act

Nevada also has their own separate whistleblower law that allows whistleblowers to file a lawsuit against those who have been retaliated against by their employer.

Whistleblowers who suffer employment retaliation because of their whistleblowing could receive:

  • Two times the amount of back pay
  • Interest on their back pay
  • Compensation for special damages
  • Reinstatement at work

When should I file my whistleblower retaliation claim in California?

Undo the California Labor Code, a general whistleblower protection states that the whistleblower has 3 years to file a lawsuit from the date of the incident of retaliation.

Whistleblowers also have 6 months to file a complaint with the California Labor Commissioner. If you file your lawsuit too late, you could risk losing your entire claim. That is why it is very important to hire an experienced attorney immediately if you suspect you have been a victim of workplace retaliation.

Contact our attorneys today. Don’t wait until it may be too late. It is very important that you follow your whistleblower retaliation claim immediately to prevent any potential statute of limitations issues.

How can our whistleblower retaliation attorneys help?

  • Our attorneys work on a contingency fee basis, which means that you do not have to pay for our attorneys unless we win a settlement or judgment in your favor
  • Our attorneys gather as much evidence as possible of the retaliation and discrimination in order to have a strong claim against the at-fault party
  • Our attorneys have strong relationships with top employment experts in California and Nevada
  • Our attorneys have decades of experience litigating claims for our clients, and are not afraid of taking the claim to court if need be
  • Our attorneys communicate with the at fault party, so you do not have to worry about responding or communicating with them

Our attorneys will fight for your rights. We are well versed with both California and Nevada labor codes, along with the Federal Fair Labor and Standards Act. To get started, contact our attorneys in California or Nevada today.

Other Practices

Other than whistleblower retaliation claims, our employment law attorneys also handle other types of claims including: