A Quick Intro To Whistleblower Discrimination Laws In California
To prevent employees from facing retaliation after exposing an employer's legal infraction, federal and state whistleblower laws have been put in place. Whistleblower laws in California protect both public and private personnel.
A skilled San Diego whistleblower lawyer can help you understand the legal system if you wish to make this kind of claim or you're worried about retaliation.
Whistleblower Claims In San Diego, California
Employees who expose legal transgressions or employer malfeasance are known as whistleblowers. A sexual harassment allegation, for instance, would be an example of a violation that directly injured the employee.
However, the infraction can involve violations of safety laws, securities laws, or government fraud. The Dodd-Frank Act, the Sarbanes-Oxley Act of 2002, the Consumer Products Safety Act of 2008, the Food Safety Modernization Act of 2010, and the Whistleblower Protection Act are just a few of the federal laws that provide protection for various types of whistleblowers.
Whistleblowers are also protected by statutes in California, such as the California False Claims Act and the California Whistleblower Protection Act.
If you faced retaliation, wrongful termination, or harassment for your whistleblower status, contact a prescreened San Diego employment lawyer ASAP. A California labor lawyer knows their way around employment laws and legal claims and can help you with paperwork, investigations, and negotiations.
California False Claims Act
If a government organization at the local, county, or state level is being scammed, whistleblowers may file qui tam cases under the California False Claims Act. Entities that deliberately submit fraudulent or false claims for payment to the government violate this legislation.
Medicaid fraud, fraud involving goods and services, and fraud involving building projects are all examples of qui tam cases. Most of the time, you have only six years to submit a qui tam complaint. This and any other pertinent dates in your case can be discussed with a skilled whistleblower lawyer in San Diego.
A qui tam lawsuit can have penalties up to three times the amount of actual injury done to the government, plus additional penalties for each California False Claims Act violation. Whistleblowers who experience reprisal from their employment are likewise protected.
Whistleblower awards range from 15 to 30 percent of the amount recovered when money is found due to a tip. The awards increase to 25–50% of the money recovered when the municipal or state government doesn't step in, and the whistleblower successfully pursues the lawsuit on their own.
Whistleblower Protection Act of California
Retaliation against an employee who alerts authorities to federal or state offenses is prohibited by the California Whistleblower Protection Act, California Government Code § 8547.1. It stipulates that staff members should be able to inform the public about fraud, waste, abuse of power, legal infractions, or threats without fear of retaliation.
Retaliation against an employee who discloses a potential violation to a company or governmental body conducting an investigation or hearing is likewise prohibited by the law. Under California's whistleblower claim statutes, anyone acting on behalf of an employer may also be held accountable.
Even though reporting infractions is not one of their obligations at work, those who do so may still be protected. You can get assistance from an experienced whistleblower lawyer in San Diego in identifying the parties who may be held accountable for your claim.
To demonstrate whistleblower retaliation, you must show:
There is an employment relationship.
Unfavorable work conditions
An employer's decision to take an adverse employment action must have been significantly influenced by an employee's protected conduct. Threats, demotions, terminations, coercions, and other retaliatory behavior are examples of adverse employment actions that may be considered retaliation.
In addition, communications made in good faith that expose an inappropriate government action or alert others to significant risks to their health or safety are examples of protected activity.
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