Whistleblower Protection

San Bernardino Employment Law Attorneys, Providing Whistleblower Protection

Did you know that California’s Whistleblower Law (“California Whistleblower Protection Act”). protects you from retaliation in the workplace? A Whistleblower is a person who informs on a person or organization engaged in an illicit activity. It is usually an employee telling on their employers. A Whistleblower can face harsh retaliation for coming forward.  Whistleblowers are entitled to protection from retaliation, if they reasonably believe that the employer committed an illegal act.

Some states have explicit statutory protections for Whistleblowers.  California is one of those states, with the “California Whistleblower Protection Act.  California’s Whistleblower Law protects any person from retaliation by their employer (private or public). This protection also extends to individuals employed by the State of California. Often, employees are afraid to report misconduct that has occurred at work, because they fear it will harm their chances for a promotion, or they will lose their job.

 

Illegal Activities In The Workplace That May Warrant Reporting

Our skilled Whistleblower Attorneys are experienced with handling numerous types of Whistleblower cases–both in private and in public employment settings, including:

  • Embezzlement
  • Improper Overtime
  • Waste, Fraud and Abuse by Government Contractors; if you work for a company that provides goods or services to the US Government (Military), and you have knowledge that your employer is not living up to the obligations of their contract, we can help protect your legal rights, when you blow the whistle.
  • Misuse of State Property by State Employees
  • Conflicts of Interest
  • Improper Expense Reimbursements
  • SEC and Financial Fraud
  • False Time and Attendance Reporting by State Employees
  • Sales Tax Fraud; if you work in the retail business, where sales tax is collected, and you have knowledge of sales tax fraud, you can be instrumental in helping your local City, and the State of California, recover the stolen tax money–often times earning a whistleblower award for helping to bring the fraud to an end.
  • Medicare and Medicaid Fraud; if you work in the healthcare industry, and you believe that your employer is defrauding Medicare or Medicaid, our experienced San Bernardino Employment Law Attorneys can help you come forward, and protect your legal rights.

 

WHISTLEBLOWERS ARE PROTECTED [California Labor Code Section 1102.5]   It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation.

Who is protected?   Pursuant to California Labor Code Section 1102.5, employees are the protected class of individuals. “Employee” means any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California. [California Labor Code Section 1106]

What is a whistleblower?   A “whistleblower” is an employee who discloses information to a government or law enforcement agency, person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance, or who provides information to or testifies before a public body conducting an investigation, hearing or inquiry, where the employee has reasonable cause to believe that the information discloses: A violation of a state or federal statute, A violation or noncompliance with a local, state or federal rule or regulation, or With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment. A whistleblower can also be an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state or federal rule or regulation.

What protections are afforded to whistleblowers?   An employer may not make, adopt, or enforce any rule, regulation, or policy preventing 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 his or her rights as a whistleblower in any former employment.

 

Possible Monetary And Other Rewards Provided By Law For A Whistleblower

Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to (1) reinstate the employee’s employment and work benefits; (2) pay lost wages; and (3) take other steps necessary to comply with the law. Each case is different. You need to speak with someone who knows the law, and has experience dealing with Whistleblower case. Let one of our skilled Employment Law Attorneys answer your questions.

 

Talk To An Experienced And Trusted Southern California Employment Law Attorney

At the Inland Empire office of SANFORD A. KASSEL, A Professional Law Corporation, we fight to protect employees’ rights. If you have been the subject of retaliation by an employer, contact us IMMEDIATELY. We can give you an honest assessment of your particular situation, and advise you of the next best course of action. If you are contemplating whether or not to report unethical or illegal misconduct in the workplace, contact us BEFORE you take action. We can advise you of your legal rights, and how best to handle the situation.

Call 909.884.6451, to schedule your FREE consultation with one of our knowledgable Whistleblower Protection Lawyers.

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