What constitutes a whistleblower claim?
The public policy of the State of California is to encourage employees to notify an appropriate government or law enforcement agency when they have reason to believe their employer is violating a state or federal statute, rule or regulation. An employer may not retaliate against an employee who discloses information where the employee has reasonable cause to believe that the information discloses:
1. A violation of a state or federal statute,
2. A violation or noncompliance with a state or federal rule or regulation, or
3. Unsafe working conditions or work practices in the employeeâ€™s place of employment.
Even if it turns out that the employer was not violating the law, the employee will still be protected if the employee's suspicion was reasonable.
What are some examples of whistleblowing?
Below are some common examples of whistleblower claims:
» An engineer at a nuclear power plant believes his employer is not
following federal regulations governing security at nuclear power
plants. After he reports his concerns to the U.S. Department of Energy,
he is terminated by his employer.
||» A tree-cutter employee believes that his company's tree cutting trucks are unsafe. He reports his concern to a state agency and is later demoted by his employer. Even though the trucks did not in fact violate any safety law, the employee still has a viable whistleblower claim because he was demoted for reporting his reasonable concern.|
|» Secretary of company's Chief Financial Officer believes he is engaging in insider trading and reports him to the SEC. The secretary is immediately fired by the company.||» A new entry level banker is asked by a manager at his investment bank to participate in a project that he believes involves an illegal financial scheme. He reports the official to a government agency and is then terminated.|
How can an attorney help you?
Being retaliated against for whistleblowing is a serious matter. An experienced employment law attorney can navigate the complex laws and regulations governing whistleblower claims. Our firm is well-versed in gathering initial facts, advising clients on their alternatives, preparing a complaint if necessary, and litigating a whistleblowing retaliation claim until resolution. Remember: no recovery, no fees. We only get paid if we obtain a positive recovery in your case.
We can review the facts of your case and give you an honest evaluation of any whistleblower issue you are facing.
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