Retaliation and Whistleblower Rights

Employers are legally prohibited from retaliating against workers who make complaints or reports of wrongdoing to the proper authorities. There are, however, specific legal requirements that must be met in order for an employee to have legal protection. Any employee who learns of wrongdoing should consult with their own employment lawyer before making any report – even to the company itself. An Orange County employment lawyer can advise you so that your whistleblower rights are protected from unlawful retaliation.

What Is Retaliation?

Retaliation is when adverse employment actions are taken in response to complaints or reports of wrongdoing by an employee that affect the terms and conditions of that employee’s job. The most drastic form of retaliation is simply firing the employee outright. There are, however, other forms of retaliation that can still violate the worker’s legal rights:

  • Demotion
  • Pay cuts
  • Shift changes
  • Unfair discipline
  • Changes to your job duties
  • Verbal abuse or reprimands
  • Being denied opportunities for advancement
  • Being excluded from workplace events

Retaliation comes in many forms. Sometimes, it is as subtle as being made to feel “invisible” around the office or you can simply be terminated. Our employment lawyers can help you prove that your working conditions have deteriorated as a result of making a protected complaint or due to reporting unlawful activity. .No matter what the changes are, they can still be unlawful and violate your legal rights as an employee.

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When Is Retaliation Prohibited?

Retaliation is not always unlawful. If, for example, an employee’s job performance suffers, they can be subjected to discipline – and even termination – without violating employment laws. Retaliation is prohibited when it occurs for an unlawful reason. An employee who reports sexual harassment, discrimination, or other violations of their employment rights cannot be retaliated against. Retaliation is prohibited whether this wrongdoing is reported to the employer, the EEOC, or the California Department of Fair Housing and Employment.

Unlawful conduct is not limited to violations of employment rights. The law creates specific whistleblower protections for employees who report unlawful activity to specific government agencies. A whistleblower must meet the specific requirements required by law in order to be protected from retaliation. These requirements vary with each law, so it is important to consult with an experienced whistleblower lawyer before reporting any wrongdoing to any government agency. This is the best way to protect your legal rights as a whistleblower.

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What Protections Do Whistleblowers Have?

Under California Labor Code Section 1102.5, an employee can also be considered a whistleblower if he or she reasonably believes that a statute or law is being violated and reports it to someone in the company with authority to investigate or reports it to a government agency.

It is important to consult with an attorney about your unique circumstances to determine what whistleblower laws will apply to you. Remember, your company may not always protect you. The HR department and the company’s legal team may choose to protect the company – even if it comes at your expense. This is why it is so important to seek the advice of your own lawyer before reporting wrongdoing to your employer or a government agency.

When an employee meets the legal definition of a whistleblower, they are protected from retaliation, so long as they make a protected report to the proper authorities. For example, the Sarbanes-Oxley Act of 2002 (SOX) required corporate accountability in the wake of the Enron accounting scandal. SOX created whistleblower protections for employees who report securities violations to the SEC. These employees are protected if they file an SEC report related to violations of securities law or SEC rules. However: a whistleblower may not simply release trade secrets or confidential information to the public. In addition, if an employee leaked information about SEC violations to a reporter, this would not necessarily give them whistleblower protections. However, if they report unlawful activity to the SEC or a state financial oversight organization, this could be protected. SOX also protects employees who file truthful reports of federal crimes to any law enforcement officer.

SOX is not the only federal law that creates specific whistleblower protections. For example:

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The AIR21 Program protects aviation workers who report safety issues to the FAA.

The Whistleblower Protection Act of 1989 protects federal employees who report legal violations, gross wastes of funds, mismanagement, abuse of authority, or specific dangers to public health and safety. These protections were strengthened under the Whistleblower Protection Enhancement Act of 2012.

Civilian employees of the Department of Health and Human Services can also gain whistleblower protections when they report wrongdoing to the Office of the Inspector General.

Whistleblower Protections For COVID-19 Health and Safety Regulations

Though the law generally changes slowly, the coronavirus pandemic forced changes in many areas of the law. Health and safety protections in the workplace were quickly expanded to account for the highly contagious nature of COVID. Employees who report health and safety violations to OSHA now have whistleblower protections. OSHA has even issued an official Fact Sheet describing whistleblower protections that apply to COVID health and safety rules. Employees should not be afraid to report COVID outbreaks or safety violations at work. Lives may depend on it. By consulting with a whistleblower lawyer from the very start, your legal rights can be protected, even in this developing area of the law.

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Orange County Employment Lawyers for Retaliation and Whistleblower Protection Cases

The best way to protect your employment rights is to get an experienced lawyer on your side from the start. Our employment lawyers have experience handling retaliation and whistleblower protection cases. Our office is located in Santa Ana, but our firm serves clients throughout California. Contact us for cases in San Diego County, San Bernardino County, Orange County, Los Angeles County, and the Bay Area. The sooner you have an Orange County employment lawyer on your side, the better protected you will be from unlawful retaliation in the workplace.

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