San Diego Whistleblower Attorney
Many people in all industries eventually face uncomfortable situations when it comes to their co-workers’ or supervisor’s actions, or they may notice policies and operations they acknowledge to be unethical or even dangerous in some way. If you find yourself in such a situation, you have the legal right to report your concerns to the appropriate oversight agency, and a San Diego whistleblower lawyer can provide legal counsel if you experience retaliation of any kind.
Whistleblowers report a potential violation of law or misuse of government funds. While these individuals serve an important role in society, employers may try to retaliate against them for reporting their illegal or wrongful actions. Various laws protect whistleblowers from retaliatory acts. The San Diego employment lawyers at Jimenez Loayza, APC can investigate whether any of these laws protect you and advise you on ways you can pursue accountability after suffering whistleblower retaliation.
Laws that Protect Whistleblowers
It is possible for an employee to encounter all types of situations in which they have the opportunity to blow the whistle. In some cases, these situations may be resolved by reporting a specific party’s actions to their superior internally. Other cases involve more deeply rooted systemic issues inside of an organization.
A whistleblower case may involve financial malfeasance of some kind, defrauding a government program, causing environmental destruction, engaging in coverup activities for damaging business practices, or internal operations such as unethical hiring and firing practices and toxic or dangerous work environments. There are various state and federal laws that protect whistleblowers that report specific types of illegal acts, including:
- Sarbanes-Oxley Act – This federal law protects employees of publicly-traded companies who report securities fraud their employer committed to the federal government or a supervisor.
- Labor Code 1102.5 – This California law is the broadest whistleblower law in the state. This law prohibits employers from retaliating against an employee who reports a suspected violation of a local, state, or federal law, rule, or regulation by the employer to a government agency, law enforcement agency, a supervisor, or another employee who has the authority to investigate the report.
- California False Claims Act – The California False Claims Act protects employees who report billing fraud or other fraudulent activities committed against the government to get more money from the government than their employer is owed. Part of the California False Claims Act is the qui tam law, which allows an employee to sue their employer in place of the state government if the employer committed fraud or embezzlement of government funds.
- California Whistleblower Protection Act – This law allows state employees to report violations of the law, health or safety concerns, waste, fraud, or abuse of authority without fear of retribution.
- Health and Safety Code Section 1278 – This law applies to employees of healthcare facilities who report any matter affecting patient safety, care, treatment, or service. Healthcare facilities are prohibited from retaliating against an employee who presents a grievance, complaint, or report to the facility.
- Fair Employment and Housing Act – This broad law protects against discrimination on various bases in employment and housing. It also protects employees from retaliation if they report, testify about, participate in a hearing, or object to harassment regarding illegal discrimination.
- Hazardous Substances – This law prohibits retaliation against employees who exercise a right, file a complaint, institute a proceeding, or testify in a proceeding under California Hazardous Substances Information and Training Act.
- Occupational Safety and Health – Employers are prohibited from retaliating against an employee for making a complaint to the employer, the employee’s representative, the California Division of Occupational Safety and Health (OSH), or a governmental agency responsible for workplace safety or health due to a concern for workplace safety or health or for refusing to perform work that violates health and safety laws.
- Workers’ Compensation – Employees have the right to file a workers’ compensation claim if they are injured on the job. Employers are prohibited from retaliating against them for exercising their rights or testifying in a co-worker’s workers’ compensation proceeding.
Ultimately, any situation in which an employee has the opportunity to act as a whistleblower can be a daunting one. The thought of taking formal action against one’s own employer may naturally be seen as a risk to one’s own employment. However, as long as you are filing a whistleblower report in good faith out of a genuine concern and not out of hope for reward, you have legal protections that apply in this situation.
California Whistleblower Protections
When an employee discovers that his or her employer is engaging in an activity or conduct that is against the law, an employee is often torn between doing the right thing—reporting the illegal conduct—and the fear of losing their job. However, California law prohibits employers from terminating an employee who reports an employer’s unlawful conduct.
What laws protect employees who report their employer’s illegal conduct?
One of the most important laws protecting whistleblowers is California Labor Code section 1102.5. This section prohibits employers from retaliating against an employee for:
Disclosing information to a government agency, or law enforcement agency, or to a person with the authority over the employee or an employee with authority to investigate or correct the legal violation or noncompliance with a local, state, or federal law or regulation.
Providing information or testifying before any public body that is conducting an investigation, hearing, or inquiry into the legal violation or noncompliance with a local, state, or federal law or regulation.
Refusing to engage in conduct the employee reasonably believes is a violation or noncompliance with a local, state, or federal law or regulation.
Labor Code section 98.6 protects employees who report Labor Code violations (e.g., failure to pay minimum wage) to the Labor Commissioner.
Labor Code section 6310 protects whistleblowers who disclose to a government agency any unsafe working conditions or report a work injury or accident.
What type of reports are not covered by Labor Code section 1102.5?
Generally, the disclosure of policies that an employee believes are merely unwise, wasteful, gross misconduct, or unprofessional are not protected. To be protected under section 1102.5, an employee must reasonably believe that the information he or she is disclosing violates a local, state, or federal law. Thus, an employee will be protected under section 1102.5, even if the employee mistakenly believes that what he or she is reporting is a violation of the law.
Is an employee who discloses violations of the employer’s policy manuals or employee handbook protected under section 1102.5?
Generally no, unless the policy is complying with a local, state, or federal law. An employer’s handbook or its policies are not the law. Thus, reporting that an employer that is violating its own policies is generally not a protected activity under section 1102.5. However, there are instances where an employer’s policies are complying with California laws, and therefore, reporting such a violation would constitute protected activity. For example, if an employee reports that his or her employer is not paying earned vacation (in violation of the employee handbook or offer/hire letter) or that the employer is not paying for all the hours worked then reporting such violation would be protected.
If you need help assessing whether your employer’s refusal to follow its own policies is a violation of California law, contact our office for a free consultation.
What is the deadline to file a lawsuit for violation of section 1102.5?
Employees have 3 years from the last act of retaliation or termination to file a lawsuit under section 1102.5.
DISCLAIMER: This page is available for educational purposes only. The information provided in this page is to give you a general understanding of the law and not to provide specific legal advice. By using this page you understand there is no attorney-client relationship between you and Jimenez Loayza, APC. You should not substitute this page for competent legal advice from a licensed attorney, as the fact of your case may vary significantly.
Understanding Your Rights as a Whistleblower
If you have been confronted with a situation in which you have the opportunity to act as a whistleblower, it is natural to hesitate out of fear of reprisals from your employer. If you were to report your employer for unethical or illegal misconduct, it is natural to assume they would want to fire you or otherwise penalize you for reporting their actions. However, doing so would constitute illegal retaliation.
A legitimate whistleblower report pertains to an employer’s violation of local, state, or federal law. As long as you file your whistleblower report in good faith, meaning you are not doing so with an expectation of compensation or reward and that you have a genuine concern about the situation, your employer is not allowed to take any adverse actions against you in response to your report.
You might wonder how at-will employment law applies in this situation. Most employment in the state functions on an at-will basis, meaning both the employer and the employee have the right to terminate their work relationship at any time, with or without notice and with or without providing a specific reason. This law provides broad flexibility for employers when it comes to firing their employees as they see fit.
This law does not, however, allow an employer to fire an employee for an illegal reason, and acting as a whistleblower in good faith would be one such reason. Doing so would be an illegal, wrongful termination, and the employer would not only face liability for this but also additional penalties related to the initial reason the employee acted as a whistleblower in the first place.
Retaliation may also take other forms, such as demotion, docking the employee’s hours, transferring them to an undesirable new work location, changing their job duties, or creating a hostile work environment for the employee. If you have filed any type of whistleblower report in the state or are preparing to file one, it is important to consult a San Diego whistleblower lawyer you trust to help you keep your rights protected.
Claiming Compensation in a Whistleblower Retaliation Case
It is possible in some cases for a whistleblower to receive a reward from a government oversight agency. However, seeking a reward cannot be their main motivation for filing their report.
The whistleblower must convey their report to the appropriate agency, demonstrating a genuine concern for public safety or to report demonstrable illegal activity. The main channel of compensation for whistleblowers is compensation for damages they suffered as a result of their reports.
If your employer has retaliated against you for filing a whistleblower report in good faith, it is possible to seek several forms of compensation. Your San Diego whistleblower lawyer can assist you in gathering the evidence you will need to prove the full extent of the damages you suffered because of your employer’s actions, and it is possible that you may have grounds to seek more compensation than you may have initially expected.
When you have suffered tangible economic losses due to whistleblower retaliation, your attorney can help you accurately calculate these damages and add them to your claim. For example, if you were fired, you would likely have grounds to claim compensation for the income you should have been able to earn. You may also have grounds to seek compensation for lost benefits and for the legal expenses you incur.
If you were subjected to a hostile work environment or other mistreatment from your employer due to your whistleblowing, it is also possible to claim compensation for emotional suffering. Punitive damages also often come into play in these cases, and the amount a defendant must pay will depend on the court’s discretion.
What to Expect From Your Attorney
A San Diego whistleblower lawyer is an invaluable asset for this type of case. They can not only assist you with your interactions with government oversight agencies but also help you gather the evidence you will need to prove the full extent of your employer’s inappropriate conduct. When it comes to claiming compensation for damages, a seasoned attorney will know how to maximize the potential value of your claim.
Jimenez Loayza, APC, has extensive professional experience handling all types of employment cases for clients in the San Diego area. Any employee in any industry has the potential to face a situation in which they feel compelled to blow the whistle to report fraudulent, unethical, or dangerous operations, and the right attorney on their side can help them approach this difficult situation with clarity and peace of mind.
Our goal is to help our client navigate their legal proceedings as efficiently as possible. Trust our team to provide ongoing support and reassurance through all stages of your case. Whether you need help filing your whistleblower report and want to ensure your employer handles the situation in good faith, or you have already experienced retaliation of some kind, our team is ready to help you.
Contact a San Diego Whistleblower Lawyer for Help
If you know of illegal conduct that your employer is committing and are worried about how reporting the conduct may impact you or that you have already been retaliated against, reach out to the compassionate San Diego whistleblower attorneys at Jimenez Loayza, APC. Legal safeguards are here to protect you, as well as penalties that can be lodged against the employer for taking retaliatory action against you. Contact us today to discuss your case during a free confidential consultation.
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