The term “whistleblower” may sound dramatic, but it precisely illustrates what whistleblowers do. They alert the public by voicing their concerns or “blowing the whistle” on major agencies, corporations, and employers that may be engaging in illegal activities. Without whistleblowers, our world would be very different.
Without Daniel Ellsberg’s revelation of the Pentagon Papers, the public would’ve never known about the U.S. government’s involvement in worsening the Vietnam War. Without Edward Snowden, many global agencies would have continued using surveillance programs without the public’s consent. Without Roger Wensil, the first nationally recognized whistleblower, the Savannah River Nuclear Weapons Facility would’ve continued risking the lives of its employees and innocent civilians.
In many cases, whistleblowers choose to speak up despite fear of retaliation. Because of their bravery, the federal government and individual states have recognized that whistleblowers deserve certain rights to protect them from retaliating employers. As a result, employees can continue to speak and hold employers accountable for the truth and justice.
What Is the California Whistleblower Protection Act?
The California Whistleblower Protection Act (CWPA) is one such statewide whistleblower legislation. Although previous iterations of the act existed, they weren’t as comprehensive as the California Whistleblower Protection Act, which was proposed to California’s Congress in 1999 to protect employees who work for the state and those who work for private organizations. Under the act, employees have the right to investigate an employer’s activity that violates state and federal law or risks the safety of employees or other civilians. They also have the right to report and correct these illegal activities without fear of getting fired, demoted, or even facing legal consequences from their employer.
Key Provisions of the California Whistleblower Protection Act
Specifically, the CWPA affords the following protections to state and private employees:
- Employers may not enforce rules that prevent employees from speaking out;
- Employers must not retaliate against an employee for whistleblowing;
- Employers must not retaliate against employees who refuse to participate in illegal activity;
- Employers must not retaliate against former employees who whistleblow after their employment.
If employers fail to follow these regulations, they must provide compensation, whether that includes employment and work benefits, wages for any time they lost due to retaliation, or reparational funds.
Common Whistleblower Reports
Although whistleblowers can report any illegal activity, the most common activities they report include:
- Unsafe working conditions: Employees who feel unsafe at work can report these conditions to the authorities.
- OSHA violations resulting in workplace injuries: If a workplace continues to violate OSHA violations that result in multiple workplace injuries, they are liable to pay for worker’s compensation benefits and whistleblowing if they refuse to make any workplace changes.
- Financial violations: This may include embezzlement, fraud, or improper accounting practices.
- Prohibiting union membership: Every employee has the right to organize. Employers that discourage union membership or punish employees who do join unions are liable to whistleblowing and other legal consequences.
- Discrimination and harassment: If whistleblowers are worried that employers are discriminating against or harassing employees or potential employees based on their race, religion, gender, or country of origin, they can report it to the authorities.
- Environmental violations: Whistleblowers can come forward if they believe their employers are violating the Environmental Protection Act, whether that includes dumping hazardous waste, polluting, or committing any harm that damages the environment or the public.
- Government fraud or misconduct: Public employees who work for a state or federal agency can report their employer if they believe the agency is corrupt or has committed fraud or other illegal activity.
If you recognize any of these actions with activities you’ve seen around the workplace, you have the right to report them.
How To Report Violations Under the California Whistleblower Protection Act
If you’ve noticed illegal activity from your employer, you can proceed through the following reporting steps:
- Document everything: In further steps, you’ll need evidence of the legal activity to prove your claim. This could include emails, image or video evidence, or recordings of conversations you had in person. Once you’ve gathered the evidence, keep it in a safe and secure location.
- Follow internal reporting procedures: Many employers must provide internal reporting procedures for employees, whether through a human resources department, supervisor, or compliance officers. These connections often prompt you to move to the following steps; if not, you can continue to report independently.
- Contact external reporting agencies: Depending on the nature of the violation, this may include local law enforcement officers or government agencies, such as OSHA for safety violations, the U.S. Securities and Exchange Commission for financial misconduct, and the California Labor Commissioner’s Office for employment rights issues.
- Consult legal counsel: Hiring a qualified attorney or lawyer can help inform you of your rights and help protect you if your lawyer retaliates after you file a report.
From here, your employer must respond and be accountable for their actions in the face of the law and other regulatory agencies.
How To Respond to Whistleblower Retaliation
As mentioned, employers may try to retaliate against you if you report illegal activity, such as firing you, suing you, or sabotaging your reputation in your professional network. According to the CWPA, this is illegal and may be considered wrongful termination. If they do, they are liable for further legal action. To hold them accountable for retaliation, proceed in the following steps:
- Document the retaliation: To hold your employer accountable, you will need evidence that your employer retaliated against you.
- Consult an attorney: Seeking advice from an attorney can help you understand your options based on your employer’s actions, especially if they wrongfully terminated you.
- Send a demand letter: A demand letter is a step above a lawsuit and is a formal request that your employer cease any retaliatory action unless they want to proceed in a lawsuit. Your lawyer or attorney will often help draft the demand letter and find ways to send it safely.
- File a complaint with the California Labor Commissioner: If the retaliation continues, you can file a complaint with the California Labor Commissioner’s Office, which will investigate your complaint and enact penalties against your employer.
- File a lawsuit: If all other methods fail, you can file a lawsuit to receive compensation for any financial, professional, emotional, or physical harm you received because of the retaliation.
- Report to professional organizations: To protect your reputation, you can report your employer’s actions to your professional organization and prevent further damage.
- Seek support: Retaliation can take a toll on your mental health. It’s best to turn to your support network to help you cope with the stress during this time.
Ultimately, you have the right to stand up, even if you feel intimidated by retaliation. What your employer is doing is wrong, and it’s essential to see your options to respond.
The Role of Legal Representation in Whistleblower Cases
In nearly every stage of whistleblowing, legal representation is essential. Attorneys help educate you on your rights, connect you to resources to report your employer, and they can also represent your interests in a legal setting if your employer retaliates. In particular, lawyers are essential if your employer terminates you to retaliate. Your employer may try to excuse the termination for external reasons, but a lawyer can help prove that this isn’t the truth and will connect your loss of employment to your whistleblowing actions.
Common Myths About Whistleblower Protections in California
Often, employees will fail to report illegal activity because of myths that employers don’t denounce, such as:
- The CWPA only protects government employees: The CWPA was created to include both public and private employees so that you can report your employer, regardless of your job.
- Whistleblowers always lose their jobs: While this concern is understandable, the CWPA strictly prohibits employers from firing employees because of whistleblowing.
- Retaliation is impossible to prove: You can prove retaliation in various ways. With the help of an attorney, you can gather evidence to present in a court of law and to regulatory agencies.
These myths are more than hearsay. They act as a barrier against employees from doing what’s right. However, by breaking down each myth and spreading the truth of the CWPA, employees can feel more comfortable seeking justice in any kind of work environment.
If you have witnessed illegal activity from your employer and need a trusted attorney to protect you against retaliation, contact Request Legal Help today. Our legal counsel team can help guide you through every step so you won’t feel alone in whistleblowing.
FAQs: California Whistleblower Protection Act
What Is The California Whistleblower Protection Act?
The California Whistleblower Protection Act protects employees from retaliation when they report illegal activities or violations in the workplace. It applies to public and private sector employees and ensures they can speak out against wrongdoing without fear of losing their jobs or facing other forms of retaliation.
Am I Covered Under the California Whistleblower Protection Act?
The Act covers all employees in California, including those in the public and private sectors. This includes government employees, contractors, and even applicants. The protections apply if the employee reports a violation in good faith.
What Types Of Violations Can I Report Under The Act?
You can report any illegal activity, such as fraud, corruption, safety violations, or discrimination. The Act also covers unethical practices or actions that violate public policy.
How Do I Report a Violation Under The California Whistleblower Protection Act?
You can report a violation internally through your company’s reporting channels, such as a supervisor or HR department. Alternatively, you can report it to external authorities like government agencies or law enforcement. It is essential to document everything and keep records of your reports.
What Should I Do If I Face Retaliation After Reporting a Violation?
If you face retaliation, such as being fired, demoted, or harassed, you should seek legal advice immediately. You are protected under the Act, and legal recourse is available to help you regain your position or receive compensation.
What Remedies Are Available For Whistleblowers Who Face Retaliation?
Remedies for retaliation can include reinstatement to your job, compensation for lost wages, damages for emotional distress, and coverage of legal fees. In some cases, a court may award you for any punitive damages.
Is There a Time Limit For Filing a Whistleblower Retaliation Claim?
Yes, there are time limits for filing a retaliation claim. The statute of limitations typically ranges from one to three years, depending on the type of claim. Act quickly and consult an attorney to file your claim within the appropriate timeframe.
Do I Need A Lawyer To File a Whistleblower Claim?
While you are not required to have a lawyer to file a claim, having legal representation can significantly increase your chances of success. A lawyer can help navigate the complexities of the law, gather evidence, and represent you in court if necessary.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
