Unfortunately, with alarming regularity, an individual who reports on the bad conduct of another individual or entity can become the target of what legally is known as whistleblower retaliation. Therefore, if you have found yourself in that type of predicament, you need to be as proactive as humanely possible to protect your legal rights by contacting an experienced California whistleblower retaliation lawyer at (800) 337-7436.
In basic layperson’s terms, a whistleblower is a person who informs on an individual, business, governmental agency, or some other type of organization that is engaged in some type of improper or illegal activity. For example, a whistleblower might be an employee of a corporation with executives that engage in some sort of conduct designed to favorably change the price of that company’s stock. Moreover, whistleblowing occurs in a broad range of different areas.
Overview of Primary Financial Whistleblower Protection Law in the United States
You need to be as proactive as possible in consulting with a California whistleblower retaliation lawyer. This is because you must take advantage of the protections in the law. In fact, the reality is that there exists a number of federal laws that provide protections to different types of whistleblowers. These include:
Sarbanes-Oxley Act. The Sarbanes-Oxley whistleblower protection law is one of the most widely used in the United States (including in California) today. This particular law covers a broad range of different types of whistleblower disclosures. Moreover, these include a wide range of different types of disclosures made against corporations and businesses of other types operating the state of California and across the United States. For example, the types of violations disclosed by whistleblowers that are protected under the Sarbanes-Oxley Act include:
- SEC rule and regulation violations
- Fraud perpetrated against shareholders
- Securities fraud
- Mail fraud
- Bank fraud
- Wire fraud
These represent some of the most frequently prosecuted types of so-called “white collar crimes” in the federal justice system. Moreover, these cases are brought to the attention of U.S. Attorneys because of the efforts of dutiful whistleblowers. In other words, without the oftentimes daring efforts of whistleblowers, these types of serious crimes would not be detected.
Overview of Other U.S. Whistleblower Laws
Other major laws extending protections to whistleblowers include:
- Taxpayer First Act. Second on the list of the most widely relied upon laws designed to protect whistleblowers is the Taxpayer First Act. This law extends protections to whistleblowers who report criminality associated with tax fraud. It also protects whistleblowers who report impermissible tax underpayments.
- Whistleblower Protection Act. Many whistleblowers report misconduct within the federal government. Another of the more commonly utilized laws is the Whistleblower Protection Act. This law works to protect people who do report misconduct within federal governmental agencies.
- False Claims Act and National Defense Authorization Act. On a related note, the False Claims Act and National Defense Authorization Act or NDAA protect whistleblowers who work for federal contractors and report wrongdoing.
Some of the other commonly relied upon whistleblower protection laws relied upon by California labor lawyers include:
- Dodd-Frank Act. Protects whistleblowers reporting misconduct to the SEC and CFTC.
- Consumer Financial Protection Act. Protects whistleblowers making disclosures about consumer financial protection.
- National Transit Systems Security Act. Protects transit employees who report safety hazards and security issues.
- Consumer Product Safety Improvement Act. Protects whistleblower who disclose consumer product safety issues.
- Food Safety Modernization Act. Protects whistleblowers who make disclosures pertaining to food safety.
California Whistleblower Retaliation Lawyer and Laws Protecting Whistleblowers
Beyond what is available on the federal level, there are also important California statutory provisions and associated regulations that protect whistleblowers in the Golden State. Specifically, California Labor Code Section 1102.5 lists protected whistleblowers. (Keep in mind, these protections are in addition to federal law. The types of individuals who are protected against whistleblower retaliation include:
- Employees of private business enterprises
- Employees of the state of California
- County employees
- City employees
- City and county employees
- Employees of some other political subdivision
- School district employees
- Community college employees
- University of California system employees
Specific prohibitions on an employer in regard to whistleblower retaliation include:
- Creation or enforcement of any rule, policy, or regulation that prevents an employee from being a whistleblower.
- Retaliation against an employee who is a whistleblower
- Former employee retaliation who became a whistleblower
- Retaliation against an employee who refuses to participate in an activity that would constitute or result in a violation of California or federal law
California defines a whistleblower to be a person who reports:
- Violation of federal or state law
- Violation of or noncompliance with a federal, state, or local rule or regulation
- Unsafe working conditions or work practices
How to Document Whistleblower Retaliation
Document what occurs when targeted because of whistleblowing. With this in mind, there are a number of key steps you need to take and strategies you should employ in order to document whistleblower retaliation:
First, documenting whistleblower retaliation has a definite preliminary element to it. For example, you best prepare to defend against whistleblower retaliation by closing documenting everything to do in the process leading up to reporting the illicit conduct of an individual or entity.
Second, after you have engaged in justifiable whistleblowing, you need to carry that documentation forward. For example, you need to diary any actions taken against you in response to your undertaking the lawful reporting of improper or illegal activity having been engaged in by an individual or entity of some type.
If you face retaliation as a result of whistleblowing, consult a lawyer even before you report the conduct. For example, a seasoned whistleblower retaliation attorney has the background and skills necessary to assist you in protecting your legal interests in a truly proactive manner.
Schedule an Initial Consultation with an Experienced California Whistleblower Retaliation Lawyer Today
The first step in protection your legal interests as a whistleblower is to schedule an initial consultation and case evaluation with a seasoned, dedicated, tenacious California whistleblower retaliation lawyer by calling (800) 337-7436. As a result, you can arrange a consultation with a whistleblower retaliation lawyer any time of the day or night. We staff labor attorneys telephone hotline is around the clock and 365 days a year, including all major holidays
We can schedule an initial appointment with a whistleblower retaliation lawyer at our offices or at a location that is most convenient for you. Moreover, we can also arrange a virtual case evaluation with a labor lawyer online as well. Finally, there is never a charge for an initial consultation with a whistleblower retaliation lawyer from our firm.
The Labor Attorneys team makes an attorney fee promise to you. We will never charge you an attorney fee unless we obtain a favorable settlement or judgment in your case. You did what is right in reporting wrongdoing. We are here at (800) 337-7436 to protect your legal rights.
