Several government authorities monitor companies in various areas, and these agencies establish the appropriate rules–if these standards are not satisfied, it is only natural that someone will stand up and speak out against this. However, some employers will retaliate against those who only mean to expose violations and wrongdoings. Retaining an Employment Law Attorney with considerable expertise representing victims of retaliation is necessary.

Find A Whistleblower Retaliation Lawyer in California

Anyone who reports suspected criminal conduct in Los Angeles is referred to as a whistleblower. Employees who disclose misconduct–or "blowing the whistle"–on their own employer make up a large percentage of whistleblowers. Employees are frequently whistleblowers because they have firsthand knowledge of a company's operations and can come into direct touch with improper or downright unlawful behavior. In some situations, these employees are required to engage in criminal behavior as part of their job.

A construction worker, for example, can become a whistleblower if he discovers that the company claims to utilize code-compliant products but really uses cheaper materials.

Whistleblower law in Los Angeles defines a whistleblower as someone who believes or reasonably believes that there has been misbehavior. If they disclose a law violation, an inquiry takes place, and it turns out that nothing illegal was going on, they are still considered a whistleblower and will be protected under the law.

Is Making a Complaint the Same as Making a Whistleblower Complaint?

When you make a complaint, it's usually about something that directly affects you. That might be a complaint about a coworker's prejudice or harassment. A complaint like that is something you would make for your own personal benefit. Whistleblowing, on the other hand, frequently has a broader influence than just you. Whistleblowers are persons who bring attention to a wider problem.

Whistleblowing laws differ from state to state.

Whistleblowing is addressed by a number of regulations and statutes in United States law. This patchwork of laws prohibits companies from retaliating against employees who report fraud, misconduct, safety breaches, non-compliance, or other illegal activities.

The question of at-will employment arises when an individual is fired for whistleblowing. The doctrine of at-will employment permits an employee to terminate employment at any time for any reason. It basically means that in jurisdictions that follow the theory, there are no specific work durations guaranteed unless there are clauses in the employment contract that specify otherwise.

The employment-at-will idea, on the other hand, is not without exception. In truth, the concept includes exceptions for public policy reasons, such as at-will whistleblowing employees. These public policy exceptions have been carved out by courts and laws, and their application varies from state to state.

The Occupational Safety and Health Administration (OSHA) is in charge of enforcing and regulating twenty whistleblower laws (OSHA). The Occupational Safety and Health Act, the Clean Air Act, Section 402 of the Food Safety Modernization Act, and Section 1558 of the Affordable Care Act are all examples (Obamacare). These regulations encompass retaliation by employers in the form of blacklisting, denial of overtime and promotion, suspension, and intimidation, among other things.

California's Whistleblower Protections

Employees in the United States are protected against retaliation by their employers if they execute protected actions. Any action was taken in good faith for health, safety, or ethical reasons are considered a protected action. Examples of scenarios when an employee would be considered legally shielded from retaliation include:

An employee of a pharmaceutical business notices that management has doctored critical test findings in order to expedite the approval of new medicine. The employee reports the possibly deadly substance to the Food and Drug Administration (FDA), which is in charge of overseeing pharmaceutical development.
Several employees have complained to construction business management about unmarked slippery surfaces, yet the company does nothing to address the problem. A worker slips and falls on an unmarked wet floor and requests a workers' compensation claim form from his or her employer, as well as filing a complaint with the Occupational Safety and Health Administration (OSHA) about the harmful work environment.
A financial firm employee discovers evidence that his or her management is embezzling company funds and reports the conduct to the US Securities and Exchange Commission (SEC).

All of these activities are protected, but only if they are done in good faith with the goal of correcting wrongdoings or preventing a public safety threat. If an employee files a report solely to spite an employer, settle a personal vendetta, or receive a reward, he or she is not protected.

Is My Employer Still Protected If I'm Wrong About Them Breaking The Law?

Even if it turns out that an employer did not break the law, an employee is entitled to whistleblower protection against reprisal if he or she had a reasonable belief that the company had done so.

Whistleblower protection, on the other hand, usually excludes retaliation by employers for employee reports about personal dislikes. An employee must normally report an alleged violation of a federal statute that protects whistleblowers in order to be protected from retaliation by their employer. Some state whistleblowing policies, on the other hand, protect whistleblowers who expose any violations of any laws, regulations, or ordinances. Whistleblower protections or whistleblower laws are the collective terms for such legislation.

Qui Tam and the False Claims Act

Qui tam lawsuits are a form of whistleblower action brought on behalf of the federal government by private citizens. In the United States, modern qui tam cases are brought under the False Claims Act, which allows people to receive a portion of any collected damages. Qui tam cases are brought against government contractors who are accused of defrauding the government in some way, and they usually include long-term and serious infractions.

An individual with genuine and verifiable knowledge regarding government wrongdoing may initiate a qui tam lawsuit, usually through an Employment Law Attorney. Qui Tam lawsuits are kept under seal for 60 days to give the US Department of Justice (DOJ) time to investigate the claim. If the Department of Justice believes the accusation is genuine, it can join the lawsuit as a plaintiff.

Qui tam actions also provide certain whistleblower rights against retaliation by an employer. If a government contractor discloses fraudulent claims against the government, the whistleblower's employer is banned from firing, demoting, cutting compensation, or discriminating against the employee in reprisal for the improper activity.

If you suspect you may have a qui tam claim against your employer or another party, you should speak with a California Labor Law Attorney in Los Angeles as soon as possible. Your boss may try to frighten you into silence, but remember that the law provides important legal safeguards to anyone who reveals government wrongdoing. An Employment Attorney can help you assess if you have a qui tam claim and protect you from wrongful termination or other forms of retaliation.

Private citizens can prosecute people who defraud the government under the federal False Claims Act. A qui tam action is a legal term that refers to when a private citizen files a claim on behalf of the government. Civil fines range from $5,000 to $10,000 under the False Claims Act, and wrongdoers can be fined three times the amount of any actual damages caused by their deception.

Individuals can file a claim against the state government under the California False Claims Act. This law allows for fines ranging from $5,500 to $11,000, as well as threefold damages. The following are some examples of situations involving misleading claims:

False Reports. Submitting invoices to the government for goods and services that were never delivered
Duplicate billing or overcharging. Overcharging or invoicing the government for the same goods or services twice
Misrepresentation. Billing the government for services that aren't covered by the contract
Bidding that is rigged or collusive. Using kickbacks or bribes to win a government contract
Reverse False Claims. Making false representations to avoid paying taxes or getting overpaid by the government for goods or services and failing to declare the overpayment
False Cost Reports. Submitting false or exaggerated reimbursement fees to the government
Misallocation of funds. Allocating Direct or indirect expenses properly due to a private sector contract to a government contract or allocating costs legitimately attributable to a government "fixed price" contract to a government "cost-plus" contract
Substituted Products. Premium products are being billed for, while inferior products are being substituted
Grants for Research. Making false assertions to acquire a grant (or contract), using grant monies for non-grant uses, or submitting requisitions based on inflated claimed costs or other false representations are all examples of fraud.

False Service Records. False service records or samples are sent to demonstrate better-than-actual performance
Unnecessary medical tests are being billed. Improper or unnecessary medical procedures or tests are performed in order to boost Medicare or Medicaid compensation.
False certifications or defective testing. Falsely certifying that a product meets particular contact standards or certifying that it has passed a test when it has not.
Fraudulent prescriptions or pharmaceuticals. Lying to the government about prescription drug wholesale prices or charging the government for unauthorized or off-label usage
Unbundling. Increasing remuneration by using many billing codes instead of just one for a drug panel test.
Bundling. When a single test was ordered, a panel of tests was billed.
Upcoding. Inflating invoices by billing at doctor rates for work done by a nurse, resident intern, or other assistance, or by utilizing diagnoses and billing codes that reflect a more expensive condition or treatment.
Billing for brand. When generic medications are delivered, billing for brand-name medications is done.
Phantom employees and doctored time slips. Charging for employees who were not on the job or billing for hours that were not worked in order to maximize reimbursements
Medical fraud. Billing for medical devices or services that have been used in an unsafe or unapproved manner.
Billing for work that hasn't been done or finished. Instead of billing to reflect job completed, billing to maximize revenue
Selling faulty goods. Failure to report known flaws in a product
False Research. Falsifying research or charging for work that was never done

Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Retaliation Against Whistleblowers

The term "retaliation" refers to any negative actions taken by an employer in reaction to an employee's honest reports. Employees in the United States have various safeguards in place to maintain a safe and fair working environment. Whistleblower retaliation can take many forms, but here are a few examples:

Termination

If an employee is fired for engaging in a protected activity, he or she may file a wrongful termination retaliation claim.

Pay cuts or rejection of raises

Retaliation also occurs when an employee's salary is docked, or he or she is refused a fair rate increase as a result of completing a protected action.

Demotion

Retaliation occurs when an employee is demoted, has his or her work responsibilities reduced, or receives other comparable treatment after taking a protected action.

Changes in work responsibilities

The employee must be able to keep his or her current job with no unreasonable or unjustified adjustments.

Change of timetable or transfer

Changing schedules is something that many organizations have to deal with on a regular basis, and it can be difficult or unpleasant for some employees. Some requirements, such as requiring a parent of small children to work an overnight shift, may be hard to fulfill.

Workplace isolation or relocation

If an employee takes a protected action and his or her employer compels him or her to leave his or her office and work in a small cubicle without justification, this could be considered retaliation.

Threats

Threatening a protected employee's employment status or personal safety is illegal in almost all situations. It is retaliation if it is done in reaction to the employee taking a protected action.

Excessive or undue scrutiny

Retaliation is when an employer treats an employee differently after he or she has taken a protected action.

Recognizing Retaliation in the Workplace

Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or another government body is a protected activity. A protected action is any action taken in good faith by an employee, such as reporting a dangerous work environment or a sexual harassment occurrence in the workplace. Even if the employee's claim turns out to be false, employers must remember that a judge will hold them accountable for any unfavorable consequences taken against them for undertaking a protected action.

Whistleblower Claims and the Statute of Limitations

The statute of limitations varies depending on the nature of your claim and the type of defense you utilize, making it difficult to estimate how much time you have to submit a whistleblower lawsuit. Whistleblower claims alleging labor law violations, for example, must be filed within three years, whereas other claims and workers have more or less time.

When it Leads to Wrongful Termination

Although California does not have specific wrongful termination legislation, there are a number of state and federal laws that provide employees with wrongful termination protection. There are times when a worker can file a legal case against an employer for a forced employee termination under these wrongful termination rules.

Retaliation, discrimination, breach of contract, character assassination, breach of good faith, and constructive discharge are all examples of wrongful termination. Our LA Labor Lawyers in Los Angeles present the following brief explanations of various California wrongful termination causes:

Retaliation

Termination in retaliation occurs when an employee is fired as a result of reporting an employer's illegal activities to the appropriate authorities.

Discrimination

Termination based on discrimination in the workplace occurs when someone is fired because of their caste, creed, sex, color, race, religion, or any other discriminating reason.

Breach of contract, whether express or implied

When an employee's employment is based on a contract for a specific amount of time, and the employer terminates the employee without cause before the period ends, this is a violation of the explicit contract. Employment may or may not be based on a contract. In these cases, employers' policy manuals, employee handbooks, employee agreements, and other similar papers will be interpreted as enforceable, implicit contracts of continuous employment.

Character assassination

It is an unlawful termination in violation of public policy if the employer creates a false claim against the employee in order to fire the employee.

Breach of good faith and fair dealing

There is an underlying commitment from the employer that the employees will be treated fairly. If an employee is fired for fraudulent reasons given by the employer, it is considered a breach of good faith and a fair bargain.

Constructive discharge

Constructive discharge occurs when an employee is forced to leave due to changes made by the employer in the workplace.

Wrongful Termination as a Form of Retaliation

Employees are protected by state and federal laws that encourage them to report wrongdoing and defend their rights without fear of losing their jobs. It is illegal for employers to terminate employees for engaging in any of the protected behaviors listed below:

Discrimination is something that people can complain about or report
Making a complaint about or reporting sexual harassment or other harassing behavior
Complaining about infractions of labor laws such as unpaid wages, misclassification as independent contractors, and so on
expressing dissatisfaction with or reporting dangerous working circumstances
Obtaining advantages that an employee is entitled to, such as overtime pay or medical leave
Reporting any corporate law violations to an outside law enforcement agency or government authority or to someone within the firm with the ability to address the issue
refusing to comply with an employer's request to engage in unlawful behavior or do something that would be criminal

The burden of proof for retaliatory wrongful termination is the same as for discrimination-based wrongful termination. A timeline of events indicating a direct link between an employee's complaint and his or her firing is typically the most convincing evidence in retaliation allegations. Other persuasive evidence in retaliation cases includes discrepancies or contradictions in the employer's ostensibly non-retaliatory explanation for the termination of the employer's breach of its own policies and procedures, just as in discrimination cases.

Why is Employment-At-Will Important in Wrongful Termination Cases?

Workers who seek guidance and legal assistance from a wrongful termination lawyer in California will quickly learn, if they haven't already, that California is an "at-will" employment state. This essentially means that workers can leave their positions whenever they want without fear of retaliation from their employers, as our Los Angeles wrongful termination lawyers can explain the details further. Employers can also terminate links with their employees without warning or explanation, even if they are working well and have no other concerns with their staff.

Our Wrongful Termination Attorneys may be able to help employees who have been fired for unique or unknown reasons. They can assist you to figure out if a decision made under the guise of at-will employment was actually based on discrimination or other illegal reasons for wrongful termination. Before opting to take your wrongful termination case, our employment lawyers can do a free investigation on your behalf.

Could I Get My Job Back?

After being wrongly terminated, it is possible to reclaim your employment in Los Angeles. If you successfully settle your claim or if a judge finds it in your favor, you may be entitled to obligatory work reinstatement as part of your compensation package. Your employer may have no choice but to return your employment to you, along with any benefits you were due prior to the litigation, such as a raise or promotion. However, regaining your employment is not a foregone conclusion.

As part of a wrongful termination settlement, some employers choose not to give job reinstatement. Instead of returning the employee's employment, they may grant front pay or another sort of compensation incentive. Both the company and the employee are likely to prefer a different arrangement over returning to the same situation.

Returning to the workplace where you just filed a claim for damages may be unsettling for you as an employee. You might prefer a new start somewhere else and be ready to accept a settlement offer that excludes employment reinstatement.

Statute of Limitations for Wrongful Termination

A statute of limitations is the amount of time you have from the date you were fired to make a claim. Wrongful termination cases are complicated by the fact that the time limit varies depending on:

What kind of wrongful termination claim do you have?

The jurisdiction and agency with which you file:

Filing a complaint with the DFEH

The FEHA is violated in the vast majority of wrongful termination allegations in Los Angeles. FEHA claims are filed with the California Department of Fair Employment and Housing under California state law. The statute of limitations for these types of claims is one year from the date of termination. A representative will decide whether or not to undertake an investigation after receiving a complaint intake form. You must first get a Right to Sue notification if you do not wish to use the DFEH investigative process and instead file a lawsuit. This is only recommended this if you have already hired a Wrongful Termination Lawyer.

Filing a complaint with the Equal Employment Opportunity Commission (EEOC)

A complaint about wrongful termination under federal law, such as Title VII of the Civil Rights Act, can also be filed for discrimination. An employee has 180 days to submit a complaint with the EEOC for these types of accusations. This time restriction has been increased to 300 days in California due to local rules. Before issuing a Right to Sue notice, a charge is submitted and examined, the same like it is with the DFEH.

Other California deadlines include the following:

Two years for a violation of an implicit contract or public policy
Three years for whistleblower claims
Three years under the WARN Act
Four years for breaching a written contract

Damages and Settlements for Wrongful Termination

You and your family may suffer financial and emotional losses as a result of wrongful termination. Due to your rapid shift in financial situation, you may experience large income losses, as well as stress and suffering. A winning lawsuit may be your only option for getting the money you need to keep moving forward. A dismissal has a significant impact on your life and well-being. As a result, in these circumstances, employees demand damages for:

Wages that have been lost
Benefits that have been lost
Depression or emotional distress
Damages for retaliation
Fees for attorneys

Settlements are common in these cases, as they are in other litigation. An employer may settle a wrongful termination claim due to the shame associated with it. Not only is the procedure quicker, but it is also more private. While the majority of lawsuits are settled out of court, your employer may elect to go to trial. If this is the case, you will want the services of an experienced wrongful termination attorney.

Severance Packages

After a wrongful termination, some employers will offer a severance package. This is sometimes an attempt to buy collaboration so that the employee will not speak up about an unfair practice. Before accepting any severance compensation or signing any agreements, consult an LA Employment Law Attorney if you believe you were fired for an improper cause. What may appear to be a generous payment now could hinder you from receiving the compensation you deserve in the future. Do not relinquish your rights before pursuing legal action against your employer.

Understanding California's Constructive Discharge Laws

Employees in California who are fired have certain legal rights that they would not have if they chose to quit, such as the right to pursue wrongful termination claims and eligibility for unemployment compensation. Furthermore, if an employee and employer have an employment contract, the law of constructive discharge can often prevent an employer from dismissing employees without cause.

Although wrongful termination normally includes the firing of an employee, an employee who resigned rather than being formally terminated may nonetheless be able to file a claim for constructive termination in certain circumstances. When an employer makes working conditions so unpleasant for an employee that a reasonable person would feel compelled to resign, California law recognizes constructive dismissal claims.

Harassing, discriminatory, or retaliatory acts that fall short of termination but still make working conditions unbearable, such as the employer reducing employee hours, reducing pay, demoting an employee, or failing to prevent harassment against an employee, are common examples of constructive termination.

What is the definition of constructive discharge?

Constructive discharge (also known as constructive dismissal or constructive termination) occurs when an employer's actions effectively force an employee to resign, according to the California Supreme Court. Even if an employee officially quits the job and says, "I quit," the employer-employee relationship is involuntarily dissolved due to the employer's unfavorable conduct or terrible working conditions. This indicates that the resignation was forced onto the employee and so resembled a firing—or, in other words, a constructive dismissal.

How can I tell if my working conditions are intolerable?

If you wish to show a court that you were forced to quit your employment due to unbearable working conditions, learn what California law considers to be intolerable. You may be entitled to submit a claim if you were subjected to persistent intimidation, screaming, or derogatory behavior by your employer.

In California, how do I establish constructive discharge?

It can be difficult to show constructive discharge. To prove constructive discharge under California labor law, an employee must be able to show the following:

Workplace circumstances were unusually unpleasant, prompting any sensible person to depart from their position.
The employer was either aware of the inhumane working conditions and intentionally allowed them to persist, or the employer's goals were to push the employee to resign.

You must also demonstrate that the aforementioned activities occurred within a reasonable time of your decision to resign from your work. To ensure that you have a solid claim, your Los Angeles Employment Law Attorney will need to assist you in proving your case. Employees can see everyday workplace stress as a reason to quit and file a wrongful termination claim, which will never be proven in court. Consult an expert California Employment Law Attorney if you have any issues.

Before Filing a Whistleblower Case

If you're thinking about making a whistleblower complaint, it's critical that you understand your employment rights, as well as what the California Whistleblower Act and federal whistleblower protections have to offer. You're about to accuse or have already accused an organization of doing anything unlawful or unethical, so it's critical that you understand your legal rights and options. Failure to do so could jeopardize your capacity to file a lawsuit against your company if it becomes necessary.

Though it is illegal to dismiss someone for blowing the whistle on a company, it does happen from time to time. A wrongful or illegal termination might exacerbate any issues you may have with your company.

Do I Have a Case for a Whistleblower Retaliation Claim?

Knowing and understanding the specific legislation or laws that your employer is breaking will also help your case. Consider the following scenario:

California's whistleblowing laws may differ from those of the federal government.
Depending on the scale, scope, and a number of people harmed, different illegal behaviors may fall under different jurisdictions.
Criminal, civil, or a combination of criminal and civil culpability could be imposed for the illegal activities.

California has whistleblower protection laws, but it does not imply you should take the situation lightly. If your complaint is significant enough, it could lead to a class-action lawsuit being filed against your company.

Why Do I Need an Employment Law Attorney?

If you were dismissed for whistleblowing or retaliation, hiring a Labor Lawyer can help you recover all of your losses and hold your employer accountable for their illegal behavior. Some successful claims result in policy and practice changes, potentially making the workplace safer for future employees.

It's also a good idea to hire a California Labor Lawyer because whistleblowing claims can be tricky legally, especially since the regulations for making these claims differ from state to state. Our prescreened Employment Law Attorneys can assist you in determining if your case is based on a California statute or a federal law violation.

Whistleblowers can be compensated for a variety of losses, including:

Fees for attorneys and court costs
Reimbursement or advance payment
Losses incurred out of pocket, such as the cost of looking for a new employment
Backpay refers to the salaries and benefits you were denied when you were fired.

You might be entitled to damages for pain and suffering if you experienced emotional anguish as a result of this process. Our prescreened California Employment Attorneys are dedicated to the protection of employees and can ensure that you are not penalized for doing your job and reporting illegal activities.

Your LA Labor Lawyer will handle your claim in the same way that he or she would handle any other form of employment law dispute. They will deliver the following services to you:

They will investigate your claims and evaluate whether you have sufficient evidence to continue with your claim.
To get your claim started, your Labor Lawyer will submit a complaint with the appropriate parties.
They'll then make sure you're doing everything you can to make your claim as successful as possible.
Any government officials investigating your claim will be represented by your Los Angeles Labor Lawyer.
Finally, if you are the victim of retaliation, your Employment Lawyer will defend you. If a settlement cannot be reached, your California Labor Lawyer will file a lawsuit on your behalf.

Find A Whistleblower Retaliation Attorney in Los Angeles

California has one of the most expansive worker protection laws in the US. If you feel like you have been wronged, discriminated against, retaliated against, or fired for illegal reasons, you should immediately consult with a Los Angeles Lawyer.

1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can match you with an Employment Law Attorney best fit to handle your case. Contact us through our 24/7 Live Chat (or complete our case details submission form) for a free initial review.

Protect Yourself from Whistleblower Retaliation in California