Speaking up about wrongdoing at work takes guts. The good news is that the law is on your side. If you report illegal activity, whether to your employer or to a government agency, you are protected from punishment thanks to whistleblower laws. If your employer punishes you for doing the right thing, then one such law might be what lets you take legal action to try to make things right again.
What Counts as Whistleblowing?
Whistleblowing can look different depending on your situation and your workplace or work duties. It does not have to mean a dramatic, headline-making report, either.
In general, whistleblowing includes:
- Telling your manager or HR about something illegal
- Reporting a problem to a government agency
- Refusing to do something illegal your employer told you to do
- Helping with an investigation into workplace wrongdoing, even if you did not file the original report
Any of these can qualify as “blowing the whistle” at work, even if you think you are reporting something relatively minor.
How California Law Protects You as a Whistleblower
California has one of the strongest whistleblower laws in the country. Labor Code Section 1102.5 says your employer cannot fire you, demote you, cut your pay, or punish you in any other way for reporting something you reasonably believe is illegal. This protection applies whether you report the problem internally, to a manager or HR, or to an outside government agency. It also applies whether you work for a private company or a government employer.
You do not have to be right about the violation you report, either. You only need a good faith, reasonable belief that something illegal was happening. And if your case goes to court, California law takes some of the pressure off you as the original whistleblower. Once you show that your report played a role in your employer's decision, the burden shifts to your employer to prove they had a real, separate reason for what they did.
Federal Protections Can Also Apply
Depending on what you reported, federal law may give you extra protection too, on top of California law.
A few common examples of federal whistleblower protection include:
- OSHA protects you if you report unsafe or unhealthy working conditions.
- The False Claims Act protects you if you report fraud against the government, and may even let you recover part of the money that gets returned.
- Other federal whistleblower laws cover things like financial fraud, tax fraud, and environmental violations, depending on your industry.
What If Your Employer Punishes You Anyway?
Sometimes employers retaliate against whistleblowers anyway, even though it is against the law. Such retaliation can look like a sudden bad review, a demotion, a pay cut, or getting fired, all shortly after you reported a problem. It can also look smaller, like getting left out of meetings or suddenly facing more scrutiny than before. If this happens to you, you may have a workplace retaliation claim on top of your whistleblower claim, and the two often go hand in hand.
What to Do If You've Reported a Problem
Write down what happened and when, while the details are still fresh. Save emails, texts, or anything else that backs up your story. Don't wait too long to talk to an attorney, since deadlines apply, and acting early may help protect both your case and your job.
You did the right thing by speaking up. You shouldn't have to pay a price for it. If you reported employer misconduct and something changed at work because of it, Laurel Employment Law in Los Angeles is ready to help you understand your rights and your options as a whistleblower.
Don't wait to get answers. Contact us online or call (310) 929-6371 today for a confidential consultation with a Los Angeles whistleblower protection attorney.