Whistleblower protection laws in California prohibit supervisors and companies from retaliating against workers that report a suspected violation of law. For instance, whistleblower protection laws in the state will protect workers in the event that:
- A worker who made a report because of a suspected illegal activity by his or her employer to a law enforcement agency or government agency;
- A worker who reported suspected violations of law and/or regulations to his or her supervisor;
- A worker who reported unsafe conditions;
- A worker who reported discrimination and/or harassment;
- A worker who opposes or reports fraud against costumers
- A worker who has reported a state wage or hour law to the California State Labor Commissioner;
- A worker who reports any other labor law violation to the California State Labor Commissioner; or
- A public worker that has reported inefficient or incompetent activity to the State Auditor
Understanding Whistleblower Retaliation in California
Retaliation in the workplace against a whistleblower can take several different ways. Retaliation can result in wrongful termination, where the manager or workplace supervisor has made working conditions intolerable to a degree that the worker has no other choice but to resign to his or her position. Retaliation can also be reflected on the following:
- Lack of promotion to higher position when this was warranted through merit;
- Sudden demotion;
- Threatening to report a worker to the U.S. Immigration and Customs Enforcement if he or she has made a labor complaint;
- The refusal of access to further training and professional development opportunity;
- The refusal of access to any resources the worker may need in order to carry out his or her job duties efficiently.
- Suspension
- Termination
Unlawful Workplace Activities That May Demand Reporting
There are numerous reasons behind a worker’s decision to report his or her employer. Some of the most common reasons may involve:
- Insufficient pay for overtime work,
- Embezzling or defrauding consumers,
- Improper use of state property,
- Improper expense returns,
- Sales tax fraud,
- Medicaid or Medicare fraud,
- Unsafe conditions
Legal Options Following Whistleblower Retaliation in California
Workers that have been victimized by workplace retaliation after making a report of violation against their employer have the legal right to pursue legal action for damages they may have sustained following the retaliatory behavior. After a lawsuit, a victimized employer may be entitled to receive damages that may include the following:
- A loss of earnings and benefits;
- Financial restitution for mental suffering, physical pain, loss or career opportunity; and/or
- Punitive damages, which are designed to reprimand the employer for its egregious misbehaviors and reimburse the worker for his or her attorney’s fees
File a Lawsuit After Facing Retaliation in the Workplace – Consult an Experienced Employment Attorney
If you have been retaliated against at work after you reported an unlawful activity at work, you should know that there are strict laws that protect your rights. Consider speaking to a knowledgeable attorney who can review your case and explain what your legal options are.
The employment law attorneys at SANFORD A. KASSEL, A Professional Law Corporation have many years of dedicated experience helping employees in California defend their rights. Whistleblowers in the State of California are entitled to legal protection from workplace retaliation. If you have reason to believe that you are facing workplace retribution after you reported your employer for an illegal activity, contact the support of a qualified attorney today. As a victim or retaliation, you may be entitled to receive monetary compensation for your losses; consult a skilled and experienced law firm today.
