Why Choose Venardi Zurada as Your San Francisco Whistleblower Attorney?
Our experienced legal team has a proven track record of handling retaliation, discrimination, and wrongful termination cases in San Francisco and throughout the Bay Area, recovering over $100 million for workers like you.
As local hometown attorneys, we have a deep understanding of California’s employment laws and whistleblower protection statutes. We’re committed to serving our community by providing client-first, personalized service—and we don’t charge any fees unless we win.
What Types of Misconduct Can Be Reported?
Whistleblowers in California are protected from retaliation for reporting a wide range of conduct, either internally or externally. These protections also apply to employees who refuse to participate in seemingly illegal activity, who cooperate with government investigations, or who testify in legal proceedings related to a violation.
Types of activities you can report as a whistleblower include:
- Wage and hour violations, such as unpaid labor, employee misclassifications, and withheld meal and rest breaks
- Contract fraud, including overbilling government agencies and misusing public funds
- Financial and securities fraud, including insider trading, falsifying records, and conducting illicit schemes
- Healthcare fraud, including ordering unnecessary procedures and overbilling Medicare and Medicaid
- Workplace safety violations, such as ignoring government regulations and covering up workplace injuries
- Environmental violations, including illegal waste disposal
- Violations of discrimination and harassment protections under California’s Fair Employment & Housing Act (FEHA)
- Tax fraud and evasion through the IRS’s whistleblower program
What Happens if I Report Something that Ends Up Being Legal?
If you have faced retaliation at work after making a report, you may have a legal claim regardless of the outcome of your disclosure. As long as you reported an apparent violation in reasonable, good-faith, you still benefit from whistleblower protections—even if the activity you report turns out to be inaccurate or legally permissible.
Laws That Protect Whistleblowers in San Francisco, CA
A variety of California laws ensure that those who speak up about lawbreaking are protected from unfair reprisals:
California Labor Code
Labor Code § 1102.5 is California’s main whistleblower protection statute. It prohibits retaliation against employees who disclose information to a government or law enforcement agency, a person with authority over the employee, or another employee with authority to investigate, discover, or correct the issue, when the employee reasonably believes the information shows a violation of federal, state, or local law, rule, or regulation. It also protects employees who refuse to participate in activity that would violate such laws, rules, or regulations.
A separate statute, Labor Code §98.6, prohibits retaliation against employees who have made complaints about violations of their own rights as a worker. Labor Code §6310 protects employees from retaliation for making complaints with the California Division of Occupational Safety and Health (Cal/OSHA).
California Whistleblower Protection Act
California’s Whistleblower Protection Act bars retaliation against state government employees who report waste, abuse, fraud, and other legal violations. State workers can make a complaint under the act to their supervisor or California’s State Auditor.
False Claims Act
The federal False Claims Act allows citizens to sue companies and individuals on behalf of the government if they believe they have defrauded public funds or programs, such as Medicare and Medicaid, or grant funding. While the government investigates a False Claims Act lawsuit, the case remains under seal, keeping the whistleblower anonymous for a time.
California also has its own False Claims Act concerning fraud against state government programs. Under the state law, whistleblowers in California can even receive up to 30% of the recovered money.
Sarbanes-Oxley Act (SOX)
The federal Sarbanes-Oxley Act grants whistleblower protections to employees of publicly traded companies who report fraud to the U.S. Securities and Exchange Commission (SEC) or other regulators. If a worker is wrongfully terminated, demoted, harassed, or otherwise subjected to adverse treatment, they must file a SOX retaliation complaint with OSHA within 180 days.
Dodd-Frank Wall Street Reform and Consumer Protection Act
Enacted following the 2008 financial crisis, Dodd-Frank aimed to strengthen and expand the SOX’s whistleblower protections for securities fraud. Under Dodd-Frank, whistleblowers have a longer time period to make complaints and can file them directly in federal court.
What Does Whistleblower Retaliation Look Like?
Retaliation is any adverse action an employer takes against a worker for engaging in a protected activity, such as whistleblowing. Retaliatory conduct can be overt or subtle, with some employers aiming to disguise their intentions to avoid legal consequences. If your work life materially changed for the worse in some way after making a report, you should speak with a San Francisco whistleblower attorney as soon as possible.
Some common forms of workplace retaliation experienced by whistleblowers shortly after making a report include:
- Wrongful termination or targeting for layoffs
- Being demoted or having job responsibilities reduced
- Pay, hours, or benefits cuts
- Being passed over for promotions or favorable job assignments
- Being given undesirable shifts or assignments
- Micromanagement or overt scrutiny
- Being excluded from company meetings or workplace activities
- Creating a hostile work environment through harassment or abuse
- Being unfairly singled out or given a negative professional reputation
- A sudden negative shift in performance reviews
Compensation and Remedies Available to San Francisco Whistleblowers
The specific outcomes you can expect from a whistleblower retaliation complaint depend on which law you’re pursuing, exactly how you were mistreated, and the outcome of your disclosure. Broadly, compensation for whistleblowers can be organized into two categories:
- Employment law remedies: These are the damages you can receive for violations of your rights as a worker, such as reinstatement, back pay for lost wages and benefits, and “front pay” if you can’t be reinstated. You may also be entitled to damages for emotional distress, attorneys’ fees, or even punitive damages in rare and extreme cases.
- Financial awards: These are funds you can receive from whistleblower reward programs for reporting misconduct that is fully prosecuted. In most instances, you may be entitled to between 15%to 30% of the funds that the government or relevant agency recovers based on your disclosures.
Our San Francisco whistleblower attorneys will pursue every type of compensation available to maximize your recovery.
Contact the San Francisco Whistleblower Lawyers at Venardi Zurada Today
No one should be punished for doing the right thing. If you’ve experienced retaliation in the workplace after speaking up about illegal or unethical conduct, our trusted legal team will fight to protect your rights and get the justice you deserve. Contact us online or call 833-893-6763 today to schedule a free, confidential consultation.
San Francisco Whistleblower Lawyer FAQs
What Is the Statute of Limitations for a Whistleblower Retaliation Claim in California?
Depending on which law you’re pursuing a claim under, the whistleblower filing deadline can be as short as 180 days and as long as six years. Our experienced San Francisco whistleblower attorneys can help you understand the time frame you’re working under and get started on your claim.
Do I Have to Report the Violation to the Government Before I Can Get Whistleblower Protection?
California law protects internal disclosures made to a supervisor or HR manager from retaliation, but some other laws might not. False Claims Act cases require a lawsuit for protections, but the whistleblower’s identity is protected during the investigation stages. A knowledgeable attorney can help you understand your rights and determine the best option for your situation.
Can My Employer Fire Me for Reporting Misconduct Internally?
No, your employer cannot fire you for reporting potentially illegal activity to HR. Even if the subject of your report was ultimately legal or inaccurate, you’re protected from retaliation as long as you acted in good faith.
Make sure to take thorough notes on the timing between when you reported misconduct and any adverse treatment you’ve received. This can help create strong evidence of retaliatory intent.
Can I Receive a Financial Reward for Reporting Fraud?
What if I Am Not Sure Whether What My Employer Is Doing Is Actually Illegal?
You don’t have to have definitive proof of illegal activity to benefit from whistleblower protection laws—you must only have a reasonable, good-faith belief that the behavior violated the law. If you’re unsure whether to come forward, schedule a free consultation with our experienced San Francisco whistleblower attorneys for professional advice on what to do next. Your discussion will be confidential and won’t come with any obligations.
