An employee who attempts to alert the appropriate authorities, such as a company supervisor, law enforcement officer, or another person with authority to investigate workplace violations, becomes a whistleblower when a legal violation happens or is believed to occur.
That said, several legal and industry violations could be considered worthy of reporting to the authorities. What are they?
Let's look at the different types of whistleblower cases that can occur, as experienced by our California whistleblower retaliation attorneys:
The Basics Of Whistleblower Protections In California Law
While there are other whistleblower laws, one of the most important ones in California is found in the Labor Code under Section 1102.5. Employers are prohibited by this regulation from firing workers for refusing to take part in criminal activities. It also makes it illegal for an employer to stop staff members from telling authorities or governmental organizations about infractions at work.
Who Can You Report To In California Whistleblower Claims?
These "persons of authority" could be a police officer conducting an inquiry, a human resources manager speaking with staff members, or any other number of people having the power to look into or fix the infraction. Additionally, it is illegal for an employer to punish or harass a whistleblower for engaging in the action mentioned above.
It's crucial to keep in mind that both state and federal governments have whistleblower laws. California Employment Law Attorneys can use these statutes, which offer various forms of whistleblower protection, to pursue your case. To find out more about the different whistleblower case types, keep reading.
Different Whistleblower Cases In California
So, when can you become a whistleblower? First, let's look at the list of possible whistleblower claims in California:
1. Cases of Patient Safety
There are more California whistleblower laws in addition to specific provisions of the state labor code. Patient safety cases or healthcare whistleblowers are among the most effective.
Retaliating against or discriminating against any employee who raises concerns about subpar patient care or working conditions is against the law. If you've experienced this, contact a prescreened California whistleblower retaliation lawyer to help you.
2. Declining to Break the Law
Retaliation against an employee for refusing to break the law is prohibited by California Labor Code 1102.5. For example, if you were ordered to lie to the IRS and refused, your employer a
The worker's actions are safeguarded, just like they are under other whistleblower statutes in California. Contact a prescreened Los Angeles whistleblower retaliation attorney for additional information if you believe you have experienced retaliation or discrimination.
3. Sarbanes-Oxley Whistleblowers
When an employee complains that their employer, a publicly traded corporation, is not providing correct financial information to investors or the general public, that is referred to as a Sarbanes-Oxley whistleblower case.
All of these scenarios revolve around precise financial data. The public relies on the corporation to provide accurate financial information since they buy and sell company shares. However, some employers exaggerate their data for personal gain.
An employee may have a case if they report the violation to HR, the SEC, or another regulatory authority and are treated unfairly.
4. Cases of Qui Tam
A provision of the federal and state False Claims Act, which makes it unlawful to intentionally furnish fake receipts to the government, applies to Qui Tam Whistleblower cases. Acts from both the federal and state governments are regarded as whistleblower laws.
Employees of businesses that provide goods and services to the military and private workers who uncover Medicare fraud are eligible to pursue qui tam lawsuits. The statute enables the whistleblower to file a lawsuit on the government's behalf and get a share of the award.
5. Cases of IRS Whistleblowers
Many would be shocked to learn that the IRS has a program that pays people who expose tax evaders. Those who report tax evasion may be entitled to an award of 15 percent but not more than 30 percent of the collected proceeds, according to 26 U.S. Code 7623(b).
The whistleblower must be able to give the IRS precise and reliable information that leads to collecting taxes, fines, or interest from the tax dodger to qualify for such an award. In some circumstances, the whistleblower has the right to challenge the settlement decision in Tax Court if they disagree with the outcome.
Find California Whistleblower Retaliation Attorneys Near Me
1000Attorneys is certified by the state bar of California. Our Lawyer Referral Services only refer clients to prescreened California whistleblower retaliation attorneys. This ensures you're only getting referrals to trusted, experienced, and discipline-free attorneys in California.
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