Protection From Employer Retaliation: Whistleblower Laws

Whistleblowers, because of their honesty and the desire to do the right thing, most often earn the ire of reported offenders and become the target of employee retaliation. Like other whistleblowers, employees who blow the whistle on alleged misconduct, fraud and violations are regarded as “tattle-tales” or betrayers of the organization and face retaliation claim, harassment, persecution and other forms of retaliation employment.

Whistleblower Laws: Employee Protection

Retaliation against whistleblowers is against the law. Unfortunately, workplace retaliation still occurs. There are Federal and State laws which that protect whistleblowers. The First Amendment of the US Constitution with its “free speech” provision has also been used to shield whistleblowers from retaliation. Under the whistleblower laws, employers in particular cannot discharge, demote, suspend or discipline in any manner an employee who engages in this protected activity. Thus, employees have a recourse against employers who persecute them.

Important Laws Protecting Employee Rights

Here are important whistleblower laws in connection to employer retaliation in the State of California:

• California Labor Code Section 1102.5 - The first paragraph of Section 1102.5 provides that an employer may not make, adopt, or enforce any rule, regulation, or policy that would prevent an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
• Paragraph (b) of the said section states that an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency while paragraph (c) states that an employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
• Labor Code Section 230(c) - It is illegal for the employer to discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence and/or a victim of sexual assault for taking time off from work to obtain relief or attempt to obtain relief to help ensure his or her health, safety, or welfare, or that of his or her child(ren). The complaint must be filed within one year from the date of occurrence of the violation.
Federal False Claims Act 30 U.S.C. § 3730(h) - Any employee who is discharged, demoted, suspended, or in any other manner discriminated against by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this section, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed under this section, shall be entitled to all relief necessary.
• Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.
• Title VII of the Civil Rights Act of 1964 - According to the Equal Employment Opportunity Commission, the laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.

Likewise, the application of common law doctrines also protects employees at will from termination because they took affirmative action to report a violation of a law, regulation, standard or ethical obligation.

• This article is provided for informational purposes only. If you need help with an Employment Law Problem, please click here to consult with Rodney Mesriani or an Employment lawyer in your area.