Can You Get Fired for Whistleblowing in California?
When it comes to employee protections in the workplace, whistleblowing is an invaluable mechanism used to hold California employers accountable for unethical behavior. The act of “blowing the whistle” entails an employee reporting illegal, unethical, or improper activities in their workplace to the appropriate authorities.
By blowing the whistle, employees can expose wrongdoing, promote transparency and accountability within organizations, and bring attention to any actions that:
- Harm the public interest;
- Violate laws or regulations; or
- Pose risks to health, safety, or the environment.
Whistleblowing requires tremendous courage and integrity. It’s no secret that unethical employers and companies are often the most powerful, which can make the responsibility of reporting misconduct all the more daunting for employees, many of whom rely on the offending party for financial security and the overall longevity of their professional careers. While it can be intimidating to blow the whistle on employer misconduct, California workers don’t have to navigate the legal process alone.
Keep reading to learn more about whistleblower protections in California and what steps employees can take to blow the whistle on unethical workplace behavior.
Understanding Whistleblower Protections in California
Many employees hesitate to blow the whistle, usually due to concerns about potential backlash from their employer. It’s important to understand that employers or companies who lash out against workers for reporting misconduct at work are in violation of state and federal employment laws, an illegal act known as retaliation. In California, this means that it’s illegal for employers to fire whistleblowers for reporting misconduct at work.
Regardless of the legal protections afforded to employees, it’s normal for workers to fear losing their jobs after deciding to blow the whistle. Fortunately, the state of California takes whistleblower claims very seriously and has implemented strong legal protections to safeguard employees who choose to report workplace misconduct.
There are various whistleblower protections in California, including:
- California Whistleblower Protection Act (CWPA) – The CWPA shields public employees from retaliation when they disclose improper governmental activities, including corruption, fraud, or violations of laws, rules, or regulations. It prohibits employers from retaliating against whistleblowers, ensuring their job security.
- California Labor Code – Under California Labor Code §1102.5, employees who report violations related to workplace health and safety, wage and hour violations, discrimination, harassment, and other labor law violations are protected from employer retaliation. This means that employers are legally prohibited from taking adverse action against the whistleblower, such as demoting or terminating their employment.
- California's Private Attorney General Act (PAGA) – Under PAGA, private employees acting as "aggrieved employees" have the right to blow the whistle on labor law violations. Employees who report violations to the California Labor and Workforce Development Agency are protected from retaliation.
What Steps Can Employees Take to Blow the Whistle?
Like other legal processes, blowing the whistle on unethical employers can be complex and confusing. That’s why it’s imperative to secure trusted representation from a qualified employment law attorney beforehand, as they can help guide your legal steps with sound counsel and integrity from start to finish. Employees wishing to file a whistleblower claim in California can benefit from taking these best practices into account:
- Hire strong legal representation – Consulting with an experienced employment lawyer is nonnegotiable to protect your rights and financial security in a whistleblower lawsuit. Your legal representative can use their in-depth knowledge of employment law and state-specific nuances to ensure that the offending party is held accountable for unethical behavior and protect your rights throughout the whistleblowing process.
- Document all evidence to support your claim – Before blowing the whistle, employees should gather all evidence available, such as important documentation, emails, memos, photographs, or any other relevant materials that support their claims. Keeping a record of dates, times, and individuals involved can strengthen your case. Your lawyer can collaborate with you to collect and organize all appropriate evidence as effectively as possible.
- Understand your legal rights and protections – Familiarizing yourself with the whistleblower protections provided by state and federal laws is an invaluable step in blowing the whistle on workplace misconduct. Understanding your employee rights as a whistleblower can empower you to take swift legal action while protecting yourself against retaliation.
- Start with an internal report – Consider reporting the misconduct internally first. Take care to comply with your organization's established reporting procedures exactly to avoid giving the opposing party any reason to question you. Be sure to record all dates and times as specifically as possible before submitting your report. If there isn’t an appropriate internal reporting mechanism or your concerns remain addressed after filing, you can escalate your report to external entities.
- Report to higher-ups or appropriate authorities if needed – If internal reporting does not resolve the issue, you may need to report the misconduct to the appropriate external authorities, such as government agencies or regulatory bodies. Consult with an employment law attorney or a whistleblower hotline for guidance on which agency is best suited to handle your specific case.
In California, employees are protected by robust whistleblower laws that shield them from retaliation when reporting workplace misconduct. It’s important to understand these protections and take the necessary steps to blow the whistle effectively. By hiring a trusted attorney, documenting evidence, understanding your rights, reporting internally, and escalating to external authorities when necessary, you can help expose and resolve unethical activities in the workplace without fear of losing your job.
Zealously Advocating on Behalf of California Workers
Our passionate employment lawyer at Polaris Law Group, LLP has extensive experience representing Californians in a variety of workplace disputes, from wage and hour claims to pregnancy discrimination. With more than 25 years of experience and an exclusive focus on employment law, Attorney Bill Marder has the specialized knowledge and skillset to fight for the favorable outcome you deserve after workplace misconduct.
It’s crucial to secure the right representation before standing up to powerful employers. Call (888) 796-4010 to schedule a consultation with a trusted employment lawyer in Monterey County.