What are California’s Whistleblower Laws?
- Anyone who knowingly retaliates, threatens, or coerces an employee or job applicant because they filed a claim faces a fine of up to $10,000 and up to a year in county jail.
- Any person who retaliates against a harmed party for making a protected disclosure is liable for damages, including lost wages, attorney's fees, and emotional distress. If the employer's actions were very heinous, the courts may additionally award punitive damages.
- The burden of proof in a legal lawsuit for whistleblower retaliation is on the employer to provide "clear and convincing evidence" that the conduct in question was taken for "legitimate, independent grounds" rather than because of the protected revelation.
Who Are Whistleblowers?
Whistleblowers can be any employee of a public or private company, including (but not limited to) employees of the following companies :
- Government Entities
- Political subdivisions
- Public Corporations
- Private Business
- Educational Entities
Whistleblowers are those who expose a company’s wrongdoings or legal infractions to a law enforcement agency, a government authority, or someone with the authority to fix the violation. These wrongdoings or infractions commonly include (but are not limited to):
- Violating any state or federal laws
- Failing to comply with public policy and/or local regulations
- Failing to abide by health and safety regulations
- Fraud involving customers, clients or income
- Educational Entities
Whistleblowers can also assist investigations into alleged corporate malfeasance or testify at trials relating to these investigations or prosecutions.
Whistleblower Protections
In addition to the federal False Claims Act and other federal laws that protect whistleblowers, California workers are protected by Labor Code Section 1102.51. This law, in particular, makes it unlawful for employers to :
- Institute or enforce any policy that would deter or prevent people from being whistleblowers
- Retaliate against workers who refuse to engage in any activity or work that would constitute a violation of federal or state laws
- Retaliate against workers who become whistleblowers against them or who have been whistleblowers in the past
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Asked Any Questions
Employees are protected by federal and state legislation. Employees who believe they have been subjected to workplace sexual harassment or discrimination may consult an employment lawsuit attorney. A lawyer can assess the situation and explain the employee’s choices. In the interim, workers should maintain precise records of any workplace harassment they encounter.
California law guarantees food and rest periods. Employees who believe they are not getting the breaks they are entitled to can see an employment dispute attorney. A lawyer may assess the matter and advise the employee on his or her choices, which may include suing. A potential claimant should read the company’s employment regulations and maintain precise records of their hours worked and breaks taken.
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