Depending on the specifics and legal foundation of your whistleblower protection lawsuit in California, the damages you can demand from your employer as restitution for whistleblower retaliation could change.
The best course of action could be to speak with a lawyer. A knowledgeable California whistleblower lawyer can evaluate your claim, determine potential damages, and walk you through the legal process. Your legal strategy is influenced by the quality of your claim, supporting documentation, and the compensation you deserve.
Damages You Can Recover for Whistleblowing
In California, Labor Code 1102.5 protects employees who report state or federal law violations by their employers. If you are retaliated against for whistleblowing, you may be able to recover damages, including:
- Lost Wages: You may recover lost wages if you can show that you were retaliated against and that the retaliation resulted in you losing your job or being demoted.
- Emotional Distress: You may recover damages for emotional distress if you show that the retaliation was severe and caused significant emotional suffering.
- Punitive Damages: You may recover punitive damages if you show that the employer acted with malice or reckless indifference to retaliate against you. Punitive damages are intended to punish the employer and deter future misconduct.
Proving Whistleblower Retaliation
To prove whistleblower retaliation under Labor Codes 98.6 and 6310, you will need to show that:
- You reported an unlawful activity or working condition to your employer.
- You suffered an adverse employment action, for example, termination, demotion, or harassment.
- The adverse action was taken in retaliation for your report.
If you can establish these elements, you may be entitled to compensation for lost wages, benefits, and punitive damages. An experienced attorney can help you gather the evidence you need to prove your case.
Filing a Whistleblower Retaliation Claim Under Whistleblower Protection Act
If you have been retaliated against for whistleblowing, you may be entitled to damages under the Whistleblower Protection Act (WPA). To seek damages, you must file a complaint with the Office of Special Counsel (OSC) within 30 days of the retaliatory action.
The OSC will investigate your complaint, and if they find evidence of retaliation, they will file a formal complaint on your behalf with the Merit Systems Protection Board (MSPB). The MSPB is an independent agency that adjudicates disputes involving federal employees.
Suppose the MSPB finds that you were retaliated against. In that case, they can order your employer to take corrective actions, including reinstating you to your former position, giving you back pay, and paying your attorney’s fees.
You may also be able to file a private lawsuit against your employer for damages. However, this option is only available if the MSPB does not take action on your behalf or if your employer does not comply with the MSPB’s order.
If you believe you have been retaliated against for whistleblowing, it is important to act quickly to protect your rights.
Whistleblower retaliation is a serious issue and one that deserves to be taken seriously by those who have experienced it. If you or someone you know has been the victim of whistleblower retaliation, don’t hesitate to reach out to an experienced attorney who can help you get fair compensation.