http://www.employmentattorneyservices.com/violation-of-whistle-blowing-laws.html

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Not all employees are able to stand up for themselves and for other co-workers, especially in matters that concern their employers committing certain activities that are deemed illegal or in violation of any prevailing federal or state laws. It’s completely understandable that a lot of them don’t have the courage to do so, choosing to rather go with the flow of things in the workplace by following their employers’ orders. However, for employees who are appropriately called “whistleblowers,” they know that asserting their rights to correct what is wrong in the workplace comes with the possibility of risking their job security. Fortunately for them, there are laws on the federal and California levels that protect whistleblowers.

Basically, a whistleblower is someone who discloses his or her employer’s suspected violation/s of either state or federal statutes to any applicable agency, whether it is a government or a law enforcement agency. Upon doing so, he or she is afforded the necessary whistleblower protections as dictated by the prevailing federal and state laws. In this regard, employers involved are not permitted to put up adverse actions against them; doing so would violate the whistleblower protection laws. For the most part, these adverse actions are often in retaliation for refusing to engage in an activity that would violate federal and state laws and/or disclosing such violations with any agency.

There are a lot of situations wherein employers who are under fire for their alleged engagement in an illegal activity commit whistleblower violations in the form of various retaliatory actions. Basically, an employee who has “blown the whistle” may be subjected to demotion, wrongful termination, or a working environment in an effort for him or her to quit his or her job (constructive termination) in retaliation for doing any of the following:

  • Filing a discrimination claim against the employer opposing a practice that is deemed illegal under the Title VII of the Civil Rights Act of 1964 or the California Fair Employment and Housing Act (FEHA).
  • Filing a workers’ compensation claim.
  • Filing an occupational safety complaint with the Cal/OSHA.

Meanwhile, if you are an employee in California and you feel the need to report an illegal activity in the workplace, then you must disclose pertinent information right away with the appropriate agency. You are already protected under the whistleblowing laws, but don’t be complacent on doing just that. There’s still a possibility that you may be retaliated against, which is why you must be able to consult with an attorney who specializes in handling cases of whistleblowers. Your legal counsel will let you know about the legal implications of your employer’s engagement in a continuous discriminatory act or any other activity that violate federal or state statutes.