Who Is a Whistleblower?
A whistleblower is typically an employee or other insider who is a witness to illegal or fraudulent business practices, and comes forward to stop such practices. A whistleblower does so by either reporting the illegal or fraudulent activities to supervisors or executives within the organization, to government or law enforcement agencies, or others who have authority to investigate or enforce such illegal or fraudulent practices.
What Do the Whistleblower Laws Protect?
Federal Whistleblower Laws
Whistleblowers are protected by federal whistleblower laws, including the following prominent ones:
- FALSE CLAIMS ACT: Employees reporting false or fraudulent claims in transactions with the government.
- SARBANES-OXLEY ACT: Employees of publicly traded companies who provide information or assistance relating to fraud against shareholders.
- DODD-FRANK ACT: Employees who provides information concerning suspected securities law violations to the SEC.
- WHISTLEBLOWER PROTECTION ACT: Employees of the federal government who report violations of any law, rule, regulation, gross mismanagement, waste, abuse of authority, or substantial and specific danger to public health or safety.
- OCCUPATIONAL SAFETY AND HEALTH ACT: Employees who report violations of the workplace health and safety provisions of OSHA.
- FAIR LABOR STANDARDS ACT: Employees who report violations of the minimum wage, overtime and other provisions of the FLSA.
- FAMILY AND MEDICAL LEAVE ACT: Employees who report violations of the FMLA, including testifying in inquiries or proceedings relating to rights provided under the FMLA.
California Whistleblower Laws
California employees are also protected by state whistleblower laws, including the following:
- LABOR CODE § 1102.5: Employees who disclose violations of federal or state laws, rules or regulations to government or law enforcement agencies, supervisors, or other executives of a company, or for providing testimony to a public body conducting an investigation or hearing.
- CALIFORNIA FAMILY RIGHTS ACT: Employees who exercise their rights to family care or medical leave or who give information or testimony regarding any proceeding relating to family care or medical leave.
- FAIR EMPLOYMENT AND HOUSING ACT: Employees who oppose discriminatory or other forbidden practices under FEHA.
- LABOR CODE § 6310: Employees who report occupational safety and health violations.
- LABOR CODE § 98.6: Employees who report violations of California’s wage and hour protections and other wrongful conduct.
- CALIFORNIA WHISTLEBLOWER PROTECTION ACT: Employees of the state government who report waste, fraud, abuses of authority, violations of law, or threats to public health.
The above Whistleblower laws are only examples of the more common statutes protecting whistleblowers. If you believe you have a whistleblower claim outside of the confines of the above laws, or wish to see if you may be protected as a whistleblower, please call an attorney today to discuss whether you have a potential claim for whistleblower retaliation.
What Does a California Whistleblower Attorney Do?
Whistleblower attorneys provide many of the same services as other attorneys who handle employment disputes, including the following:
- Investigating the veracity of your claims to determine whether your employer’s actions rise to the level of prohibited conduct by the relevant whistleblower law
- Filing complaints with the relevant government agencies to present your claims
- Ensuring that you follow all appropriate steps in order to maximize your potential reward
- Representing your interests before the relevant government agency that is investigating your claims
- Attempting to resolve your claim by negotiating a settlement on your behalf if your employer has retaliated against you
- Filing a lawsuit against your employer in the event a settlement cannot be reached
Call Today For A Free Consultation From A Whistleblower Attorney
If you believe you have a whistleblower claim, or want to discuss with someone your potential claim, please call an attorney at Bartz Law Group, APC today at (800) 503-5716.