What is Whistleblowing?
Under California law, whistleblowing is defined as the employee disclosure of information internally or externally when there is reasonable cause to believe that the employer has violated a state or federal law, violated or is in non-compliance with a local, state, or federal rule or regulation, or created unsafe working conditions or work practices in regard to the employees’ health and safety. For example, reporting an environmental safety violation or instances of harassment or discrimination would qualify as protected whistleblowing. Disclosure internally can be made to a person in authority over the whistleblowing employee, to another employee with the ability to investigate and correct noncompliance, or to another employee that is providing information or testifying before a public body conducting an investigation. Disclosure externally can be to any government or law enforcement body that has the authority to investigate the claims.
Retaliation Against Whistleblowers
Employer retaliation against whistleblowers can take many forms, but generally speaking these incidents are referred to as adverse employment actions. Some of the most common types of retaliatory adverse employment actions taken against whistleblowers include the following:
- Termination
- Suspension
- Demotion
- Poor performance reviews
- Disciplinary action
- Denial of promotion
- Denial of raises
- Denial of training opportunities
- Denial of mentorship opportunities
- Loss of fringe benefits
- Assignment of worse working hours or scheduling
- Assignment of an unmanageable workload, and more
Whistleblowers subjected to retaliation and wrongful termination may have a claim for damages against their employer under state and federal laws.
Compensation for Whistleblower Claims
Whistleblowers are entitled to a number of different damages based on the circumstances of their case. If a whistleblower was wrongfully terminated or otherwise retaliated against, they may be compensated with back pay, interest, lost benefits, reinstatement, and front pay. If the employer acted maliciously during the case, the court may also award punitive damages to the whistleblower that serves as an additional punishment for the employer as well as a deterrent to others who may think to treat their employees in a similar way. Whistleblowers are also entitled to damages for attorneys’ fees and court costs related to their case. If you are interested in learning more about what your care might be worth, talk to our office today.
Call or Contact Our Walnut Creek Whistleblower Lawyers
If you are concerned about retaliation by your employer for whistleblowing on illegal or unethical conduct, the Walnut Creek whistleblower lawyers at Venardi Zurada, LLP are here to help. Call the office at (833) 893-6763 or contact us today to schedule an evaluation of your case with one of our knowledgeable and experienced Walnut Creek employment lawyers now.
