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Workplace Whistleblowing Retaliation

September 23, 2024

Whistleblower laws protect employees or contractors who report illegal conduct within their organization.

However, retaliation for whistleblowing is a serious concern that can impact careers and livelihoods. Let’s explore what retaliation entails, the legal protections available, and how you can defend your rights in this Freeburg and Granieri APC guide.

Introduction to Whistleblowing

Whistleblowing is more than just exposing wrongdoings—it's a courageous act that requires standing up for what's right, even at personal risk. But why do people take that risk, and what protections do they have?

What is Whistleblowing?

Whistleblowing involves reporting illegal, or unsafe practices within an organization. This could include anything from financial fraud to health and safety violations.

To be protected under California law, employees cannot just report a violation of a company-drafted policy. The complaint has to be about a violation of state or federal rule or regulation.

Why Do People Blow the Whistle?

Whistleblowers often act out of a sense of moral duty or to protect others from harm. They may feel a responsibility to prevent fraud or to bring attention to unsafe practices that put others at risk.

The Importance of Whistleblower Protections

Without protections in place, potential whistleblowers may remain silent, allowing illegal practices to continue unchecked. That’s why whistleblower protection laws are critical to encouraging people to come forward without fear of retaliation.

Types of Retaliation for Whistleblowing

Retaliation can take many forms—some are obvious, others more subtle.

Common Retaliatory Actions

Whistleblowers often face overt retaliation, including job loss or demotion.

Job Termination

The most common retaliatory action is wrongful termination. When an employee is fired for blowing the whistle, it is not only unethical but illegal.

Demotion or Denial of Promotion

Another tactic used by employers is to demote the whistleblower or deny them promotions they would otherwise have received.

Harassment and Hostile Work Environment

Creating a hostile work environment or subjecting the whistleblower to harassment is another form of retaliation that employers may use to silence dissent.

Subtle Forms of Retaliation

While some actions are overt, others are more difficult to prove.

Exclusion from Meetings or Projects

Employers may exclude whistleblowers from key meetings or projects, effectively sidelining them.

Negative Performance Reviews

Suddenly receiving poor performance evaluations after reporting misconduct could be a subtle form of retaliation.

Reassignment to Unwanted Duties

Whistleblowers may also be reassigned to undesirable or less significant roles as a form of punishment.

Whistleblowers are protected by a range of California laws designed to shield them from retaliation.

Who is Protected Under These Laws?

Whistleblower protections extend beyond just full-time employees.

  • Employees: Both public and private sector employees are generally covered under whistleblower protection laws.
  • Contractors and Third Parties: In some cases, contractors, subcontractors, and third-party workers may also be protected.

Labor Code Section 1102.5

California's Labor Code Section 1102.5 is one of the state's most powerful tools to protect whistleblowers. It prohibits employers from retaliating against employees who report a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties to:

  • governmental agencies
  • to a person with authority over the employee, or
  • to another employee who has the authority to investigate, discover, or correct the violation or noncompliance

Labor Code Section 1102.5 also protects employees who provide information to, or testify before, any public body conducting an investigation, hearing, or inquiry.

The employee must have a reasonable good faith belief that the violation being reported violates the law.

Labor Code Section 1197.5

Recent updates to Labor Code Section 1197.5, also known as California Fair Pay Act, strengthen protections for employees who report violations of wage and hour laws, particularly those related to equal pay.

Got Fired Within 90 Days? You Have a Case

If you were terminated within 90 days of reporting a violation, there's a strong presumption that your termination was illegal retaliation. This timeline is crucial in proving retaliation for whistleblowing.

Reporting Illegal Conduct

Whistleblowers often report illegal activities in various industries. Let's look at common areas where misconduct is reported.

Refusing to Engage in Illegal Conduct

Whistleblowers may also refuse to participate in illegal activities, such as false billing or defrauding insurance providers.

Untruthful Billing

For example, in healthcare, untruthful billing to Medicare or Medicaid is a frequent subject of whistleblowing.

Defrauding Medical Insurance (Government Insurance)

Home Health

Whistleblowers in home healthcare might report fraudulent billing practices, such as charging for services never rendered.

Physical Therapist

Physical therapists may encounter billing fraud, where services are falsely inflated or billed to insurance companies without proper documentation.

Addiction Recovery

In addiction recovery centers, unethical practices such as overcharging insurance companies or misrepresenting services may prompt whistleblowing.

Proving Retaliation in a Whistleblowing Case

To win a retaliation case, a whistleblower must establish a link between their report of illegal conduct and the retaliatory action.

  • Importance of Timing: Timing is key. If the retaliation occurs soon after the whistleblowing, it strengthens the case.
  • Evidence to Strengthen Your Case: Gathering evidence—emails, witness statements, and written communications—is vital for building a strong case.

Documenting Retaliatory Actions

Whistleblowers should document every retaliatory action they face.

  • Gathering Written Records: Maintaining a detailed written record of events can support your case.
  • Witness Statements: Statements from coworkers who witnessed the retaliation can be powerful evidence.
  • Emails and Communication Logs: Emails and other communications often serve as the most direct evidence of retaliation.

If the retaliation persists, legal action may be necessary.

Filing a Lawsuit

Filing a lawsuit for retaliation can lead to compensation for lost wages and emotional distress.

What to Expect in a Retaliation Lawsuit

A lawsuit can be lengthy and stressful, but it may be necessary to protect your rights and career.

Finding the right attorney is crucial when dealing with retaliation.

How to Choose the Right Attorney

Look for attorneys with experience in whistleblower cases and a track record of success like Freeburg and Granieri APC.

When to Contact a Lawyer

If you’ve experienced retaliation after protesting against illegal conduct in the workplace, it’s best to contact a lawyer at Freeburg and Granieri APC as soon as possible.

Damages and Remedies for Retaliation

Whistleblowers who prove retaliation can seek several forms of damages.

Compensation for Lost Wages

You may be entitled to back pay and compensation for lost future earnings.

Emotional Distress and Mental Health Impact

Workplace retaliation can take a significant toll on your mental health, and you may be entitled to damages for emotional distress.

Punitive Damages

In some cases, courts award punitive damages to punish the employer for particularly egregious behavior.

Preventing Retaliation in the Workplace

Organizations can prevent retaliation by fostering a transparent and ethical culture.

Creating a Culture of Transparency

Encourage open communication and ensure employees feel safe reporting misconduct.

Training Managers on Whistleblower Rights

Managers should be trained to understand whistleblower rights and avoid retaliatory actions.

Developing Internal Reporting Mechanisms

Clear reporting mechanisms can help identify and address misconduct before it escalates.

Freeburg & Granieri APC: Your Employment Law Partners

At Freeburg & Granieri APC, we understand how devastating retaliation can be. Our team of highly qualified attorneys has extensive experience in handling whistleblower cases and other legal concerns. We believe in treating clients like family, providing personal attention, and maintaining direct communication throughout the case.

When you work with us, your case will be handled by an attorney with over a decade of experience. We will ensure that your case receives the care and attention it deserves from start to finish.

Don’t let your legal issue become just another file on someone’s desk—let us advocate for you every step of the way. Book a free consultation.

Conclusion

illustration of a man with a whistle

Whistleblowers play a crucial role in maintaining ethical standards across industries. Their courage helps protect the public and prevent harm.

Retaliation is illegal, and whistleblowers should not have to suffer for doing the right thing. Legal protections are in place to ensure that those who blow the whistle can continue their careers without fear of retaliation.

Always remember that when facing workplace legal issues, Freeburg and Granieri APC is always here to help and provide legal assistance. Give us a call.

SCHEDULE YOUR FREE CONSULTATION TODAY.

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