Employees who speak out about unsafe, illegal, and unethical conditions in the workplace deserve admiration. Not only are employee whistleblowers standing up for what’s right, but their actions help keep the public safe and hold companies accountable for wrongdoing.
Unfortunately, employee whistleblowers are more likely to be punished for their bravery and integrity than rewarded. Many employees face harsh employer backlash after coming forward about wrongdoing, frequently at the cost of their jobs. However, whistleblowers protected by federal and state law can take action to hold their employer legally responsible and potentially receive compensation for this retaliation.
This blog post will explain the legal rights of California employees fired for whistleblowing. We’ll cover important federal and state whistleblower retaliation laws. We’ll also discuss what you need to prove a wrongful termination whistleblower claim.
Can You Be Fired for Whistleblowing?
Generally, it is illegal to fire someone for “blowing the whistle” about illegal or unsafe activity in the workplace.
Numerous state and federal laws consider whistleblowing a legally protected activity. It’s illegal for employers to retaliate against employees who participate in it. Retaliation happens when an employer punishes an employee because of their protected action. Some forms of employer retaliation include:
- Demotion or reassignment to a less desirable position,
- Cuts to pay or benefits,
- Harassment or threats,
- Poor performance evaluations,
- Sabotage or work interference, and
- Termination.
Unfortunately, termination is among the most common types of retaliation that whistleblowers face. Many employers purposefully spread rumors or try to sabotage employee whistleblowers looking for new work after a retaliatory firing. If left unaddressed, whistleblowers can suffer long-term damage to their careers and financial security.
What Laws Protect Employees Fired for Whistleblowing?
Many federal and California state laws prohibit different forms of whistleblower retaliation. Some aim to protect employees in specific industries like financial services, healthcare, or energy. Others offer general protections to employees who report anti-discrimination or violations of labor laws.
Federal Whistleblower Protections
Major federal laws offering whistleblower protections include the following:
- Occupational Safety and Health Act—prohibits retaliation against employees who report safety violations;
- False Claims Act—allows employees to sue employers defrauding federal programs on behalf of the government;
- Sarbanes-Oxley Act—protects employees of public companies who report violations of Securities and Exchange Commission regulations;
- Clean Air Act—safeguards employees who report environmental safety and air quality violations; and
- Fair Labor Standards Act—forbids retaliation against employees who report wage theft or other federal labor protection violations.
Additionally, many federal employment laws specifically include retaliation protections for employees who raise complaints in their name. These include the discrimination protections in Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Equal Pay Act. For example, the ADA prohibits both discrimination against employees based on disability and retaliation against employees who report disability discrimination in the workplace. Employees can receive these retaliation protections even if they aren’t the subject of the original wrongdoing. If you witness sexual harassment of a coworker and report it to HR, federal law prohibits retaliation against you.
California Whistleblower Protections
The Golden State is known for its strong employee protection laws, including safeguards against many forms of whistleblower retaliation. These include protections for:
- Employees who report suspected discrimination or harassment based on race, religion, gender, pregnancy status, or other protected traits;
- Employees who report violations of local, state, or federal law to an internal or external authority;
- State government employees who report waste, abuse of authority, or public health threats;
- Healthcare workers who report improper patient care or safety concerns; and
- Employees of public schools and universities who report mismanagement, fraud, or other illegal activities.
If you have questions about whether whistleblower laws apply to your situation, it is essential to consult with an employment lawyer.
How to Prove a Wrongful Termination Whistleblower Claim
Three main legal elements are required to prove wrongful termination. To prove you were illegally fired for whistleblowing, you must have evidence that:
- You engaged in a protected activity. This generally means reporting suspected illegal, unsafe, or unethical activity to law enforcement or an authority within your company.
- You suffered an adverse employment action. In a wrongful termination case, this is your firing.
- Your protected activity motivated your employer’s adverse action. There must be a direct connection between your termination and the report you made about workplace wrongdoing. If your employer didn’t know about your report, you don’t have grounds for a retaliation claim.
It can be challenging for employees to find direct evidence of causation. Most employers know not to admit that a firing was motivated by retaliation. Your employer may even have a false justification for your termination to defend themselves from a retaliation claim.
For these reasons, proving wrongful termination whistleblower claims requires the skills and resources of a legal professional. A Los Angeles employment attorney with a background in whistleblower retaliation cases can help:
- Evaluate which state or federal laws apply to your situation,
- Gather documentation of your protected activity and proof of your employer’s knowledge of it,
- Investigate and assess circumstantial and other indirect evidence to support your claim,
- Identify and interview valuable witnesses,
- Build a counter-argument to challenge your employer’s pretext for your firing,
- File a legal claim against your employer, and
- Advocate for your right to compensation for your unjust termination.
With the help of a skilled employment lawyer, whistleblowers may be able to recover damages from the employer who violated their rights. Damages in wrongful termination cases can include:
- Back pay,
- Reimbursement for lost benefits,
- Compensation for emotional distress, and
- Potential job reinstatement.
There are deadlines for taking legal action against a retaliatory firing. Depending on the federal or state laws that apply to the situation, you could have as little as six months or as long as three years after your wrongful termination to file a claim. If you miss this deadline, you can lose your opportunity to get justice for your firing.
Get the Trusted Legal Support You Need
At Tomorrow Law™, we understand how much employees put on the line when they come forward about wrongdoing. When your livelihood and your family’s financial security are on the line, you can’t afford anything less than guidance from a seasoned legal professional.
The Tomorrow Law™ legal team has spent years helping California employees facing unlawful mistreatment understand and exercise their rights under the law. Our attorneys know California and federal law from the inside. Our representatives have helped whistleblowers challenge unlawful firings, recover compensation for employer wrongdoing, and regain their jobs. We charge no fees unless we win your case. To learn more, contact our office to schedule a free consultation today.
Resources:
29 U.S.C. § 660, link.
18 U.S.C. § 1514A, link.
31 U.S.C. § 3730(h), link.
42 U.S.C. § 7622, link.
29 U.S.C. § 215(a)(3), link.
Cal. Gov. Code § 8547, link.
Cal. Health Code § 1278.5, link.
Cal. Ed. Code § 44110, link.
David Bibiyan, a top attorney at Tomorrow Law™, specializes in employment law, fiercely defending employees in cases of discrimination, harassment, wrongful termination, and wage issues. Known for his deep legal knowledge and dedication, he consistently secures favorable outcomes through skillful negotiation and litigation. His passion for justice drives his commitment to workers’ rights and fair employment practices.
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