Whistleblower protection laws have existed in the United States since 1778 and promote the important public policy of protecting individuals from workplace retaliation when they speak out against perceived unlawful conduct on the part of a private or governmental employer.

Currently, California has some of the most significant whistleblower protection statutes in the country that protect a broad array of workplace conduct such as:

  • California Labor Code § 1102.5: Protects both public and private employees that report a “violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. . . .”  Protections are extended to any employee that “has reasonable cause to believe” the violations exist and also protect any employee that refuses “to participate in any activity that would result in a violation of” any state or federal statute, rule or regulation.
  • California Labor Code § 6310-6311: Protects employees that make oral or written complaints about unsafe working conditions either to the employer or a government agency. Protections also extend to employees that refuse to work in unsafe conditions.
  • Government Code § 12940(g): Protects employees that report patient abuse in hospitals.
  • Government Code § 12940(h): Protects employees that have opposed workplace harassment or discrimination forbidden by the California Fair Employment and Housing Act. Protections extend to employees that have “filed a complaint, testified, or assisted in any proceeding” under the Fair Employment and Housing Act.
  • California Labor Code § 132a: Protects employees from retaliation for filing workers’ compensation claims.

Federal law also provides extensive whistleblower protections for employees through such statutes as the Whistleblower Protection Act (5 U.S.C. § 1211), False Claims Act (31 U.S.C. § 3730), Title VII of the Civil Rights Act (42 U.S.C. §§2000e-2(a)(1) and 2000e-3(a), Dodd-Frank Wall Street Reform and Consumer Protection Act and the Sarbanes-Oxley Act of 2002.

Determining whether you are a whistleblower entitled to these protections is not always an easy task. Moreover, some statutes require that you file suit within a short period of time or even first exhaust administrative remedies before filing a lawsuit. Making sure you qualify for these protections in a timely manner is critical.

Chackel Law regularly represents whistleblowers and has the experience necessary to protect your rights.

Contact us for a free and confidential case evaluation.