Updated: Dec 30, 2022
A Quick Intro To Whistleblower Discrimination Laws In California
Federal and state whistleblower laws have been put in place to prevent retaliation after exposing an employer's legal infraction. Whistleblower laws in California protect both public and private personnel.
Here are a few whistleblower retaliation examples to help you know when it's happening to you:
Getting fired for reporting employment discrimination in the workplace
Demoting an employee after they reported their boss to OSHA
Receiving an unjustified pay cut because an employee reported their employer to the IRS
A skilled San Diego whistleblower retaliation lawyers can help you understand the legal system if you wish to make this kind of claim or you're worried about retaliation.
The Types Of Whistleblowing In San Diego
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 face retaliation, wrongful termination, or harassment for your whistleblower status, contact one of our prescreened San Diego whistleblower retaliation lawyers 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.
California whistleblower rewards 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.
That said, ensure the success of your claim by hiring one of our experienced San Diego whistleblower retaliation lawyers.
Whistleblower Protection Act of California
The California Whistleblower Protection Act, California Government Code § 8547.1 prohibit retaliation against an employee who alerts authorities to federal or state offenses. 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 one of our experienced San Diego whistleblower retaliation lawyers 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 employee's protected conduct must have significantly influenced an employer's decision to take an adverse employment action. 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.
If you successfully prove retaliation, you can be eligible for extra damages, interest, double back pay, and reinstatement. In addition, punitive damages may be available in specific situations involving extreme misbehavior.
Are Whistleblowers Protected In San Diego, California?
Yes. Your employer cannot take adverse employment actions against you because you reported them for illegal activity.
Do note that you still can't be punished or penalized by your employer even if you were wrong. As long as you have a genuine reason to believe something illegal or dangerous is happening, you cannot be fired, demoted, receive a pay cut, etc.
That said, some employers will try to get back at you anyway. When this happens, you have the right to report and sue them. If successful, you will be awarded whistleblower retaliation settlements in California. Contact one of our prescreened San Diego whistleblower retaliation lawyers ASAP.
Can You Be Fired For Whistleblowing In San Diego, California?
No. If you were fired because you "blew the whistle," that is considered a retaliatory action. And yes, you still can't be fired even if you were wrong, as long as you have a genuine reason to believe something illegal is happening.
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