Whistleblower laws come in many varieties, and protect state and federal employees when a company or employer breaks federal or state laws. In general, whistleblower laws allow employees to make their voices heard, and report violations of state and federal laws without the fear of retaliation. At their core, whistleblower laws protect employees who are brave enough to speak up when they observe illegal corporate activity.
In California, whistleblower laws include protections against the following:
- Employees disclosing or demonstrating an intention to disclose information on improper governmental activities or conditions that may significantly threaten the health or safety of employees.
- Employees opposing discriminatory or other practices forbidden under the Fair Employment and Housing Act (FEHA).
- Employees disclosing information internally to their employer or to a government agency when the employee has a reasonable belief that the information disclosed violates a local, state or federal law (i.e. rule, regulation or statute).
- Employees exercising their rights to family care or medical leave and/or giving information or testimony related to the employees’ right to take family care or medical leave.
- Employees disclosing information to a government or law enforcement agency or furthering or assisting the government under California’s False Claims Act, which generally prohibits companies from defrauding the state government of its funds.
- Military service members who complain or disclose violations of the law, gross mismanagement, or other fraudulent activities.
In addition to California law, federal whistleblower laws shield employees from:
- Providing information or assisting in an investigation or proceeding relating to a violation of any rule of the Securities and Exchange Commission (SEC) or other federal law relating to fraud against shareholders, or suspected securities violations under the Dodd-Frank Act or Sarbanes-Oxley Act.
- Opposing practices or making a charge, testifying, assisting or participating in proceedings involving discrimination against employees because of their age (Age Discrimination in Employment).
- Reporting violations under the federal False Claims Act related to defrauding the federal government of its money.
Aaron Bartz has experience representing employee and corporate whistleblowers in all of the above types of claims, and securing large settlements and victories. Call Bartz Law Group, APC today to discuss your potential whistleblower claim.
Whistleblower FAQs
Who qualifies as a whistleblower in California?
California whistleblower protections can apply when an employee reports information they reasonably believe shows a violation of a state or federal law or a local, state, or federal rule or regulation. Protection can also apply when an employee refuses to participate in conduct that would violate the law.
Do I have to report wrongdoing to the government to be protected as a whistleblower?
Not necessarily. California Labor Code Section 1102.5 can protect employees who report suspected legal violations to a government or law-enforcement agency, a person with authority over the employee, or another employee who has authority to investigate or correct the violation. Internal reporting may therefore qualify in appropriate circumstances.
Am I protected if I refuse to do something I believe is illegal?
California Labor Code Section 1102.5 prohibits retaliation 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 certain government rules or regulations. Whether the protection applies depends on the facts.
Can I be protected even if my employer only thinks I am a whistleblower?
California's whistleblower protections can apply when an employer retaliates because it believes an employee disclosed or may disclose protected information, even in circumstances where the employee has not yet made the anticipated disclosure.
What does whistleblower retaliation look like?
Whistleblower retaliation can include termination, demotion, suspension, reduced pay or hours, discipline, undesirable assignments, or other employment actions taken because an employee engaged in protected whistleblowing. Available remedies can potentially include reinstatement, lost wages, and other relief.
What should I do if I think my employer is about to retaliate against me?
Document important events and preserve records you are lawfully entitled to keep, including relevant emails, messages, reviews, disciplinary documents, and the dates of complaints or reports. Avoid improperly removing confidential or privileged company information. Because whistleblower laws and deadlines vary by claim, consider obtaining legal advice promptly.
How long do I have to file a whistleblower retaliation claim?
The deadline depends on the specific whistleblower law and the method used to pursue the claim. California Labor Commissioner retaliation complaints commonly have a one-year filing deadline, but exceptions exist and private court claims can follow different rules. Employees should have their particular situation reviewed rather than relying on one general deadline.