Exposing illegal or unethical behavior in the workplace takes courage, but employees who report wrongdoing are protected by law. Whether you’re reporting fraud, discrimination, safety violations, or other misconduct, you have rights as a whistleblower.
If you believe you’re facing retaliation for speaking out, contact PLBH at (800) 435-7542 for a free legal consultation to discuss your case and protect yourself.
What Is a Whistleblower?
A whistleblower is an employee who reports illegal, unethical, or unsafe practices within a company. Whistleblowers often expose:
- Fraud – Financial misreporting, overbilling, or misusing company funds.
- Discrimination or harassment – Violations of anti-discrimination laws, including workplace harassment or bias.
- Workplace safety violations – Failure to comply with OSHA regulations, creating unsafe working conditions.
- Wage and hour violations – Employers who fail to pay fair wages or overtime.
- Environmental violations – Businesses that illegally dispose of hazardous waste or violate environmental laws.
If you report any of these issues to your employer, a government agency, or law enforcement, you are considered a whistleblower and are entitled to legal protections.
Legal Protections for Whistleblowers
Whistleblower protections exist under federal and California state laws to ensure employees can report misconduct without fear of retaliation. These protections include:
1. Protection from Retaliation
Employers cannot take adverse action against you for reporting violations. Retaliation can include:
- Termination or demotion
- Pay cuts or reduced hours
- Negative performance reviews
- Workplace harassment or intimidation
2. Confidentiality Protections
In many cases, whistleblowers can report anonymously to protect their identity. If you’re concerned about retaliation, consult an attorney before reporting misconduct.
3. The Right to Compensation in Certain Cases
Some whistleblower laws, such as the False Claims Act and California’s whistleblower laws, allow employees to receive financial compensation if their report leads to legal action against the company.
Steps to Take When Reporting Workplace Wrongdoing
If you plan to report illegal activity in your workplace, following these steps can help protect your rights and strengthen your claim.
1. Gather Evidence
- Keep detailed records of the misconduct, including emails, memos, and witness statements.
- Document dates, times, and any conversations related to the wrongdoing.
2. Follow Internal Reporting Procedures (If Safe to Do So)
- Check if your company has a whistleblower policy or complaint procedure.
- Report the issue to HR or a supervisor unless they are involved in the misconduct.
3. File a Complaint with the Appropriate Agency
If your employer does not address the issue, you can report it to a government agency, such as:
- The Occupational Safety and Health Administration (OSHA) for workplace safety violations.
- The Equal Employment Opportunity Commission (EEOC) for discrimination or harassment complaints.
- The California Labor Commissioner for wage violations.
- The Securities and Exchange Commission (SEC) for financial fraud.
4. Consult a Whistleblower Attorney
- An employment attorney can advise you on your rights, help file complaints, and take legal action if needed.
- If you have faced retaliation, an attorney can assist in seeking compensation for lost wages and damages.
What to Do If You Experience Retaliation
If your employer retaliates against you for reporting misconduct:
- Document all retaliatory actions – Keep records of sudden job changes, unfair discipline, or hostile treatment.
- File a retaliation complaint – You can report retaliation to the California Labor Commissioner, EEOC, or OSHA.
- Seek legal representation – An attorney can help you file a lawsuit for damages, reinstatement, and other remedies.
Protect Yourself While Doing the Right Thing
Speaking out against illegal or unethical behavior is never easy, but whistleblower protections exist to ensure you are not punished for doing the right thing. If you need help reporting workplace violations or have faced retaliation, contact PLBH at (800) 435-7542 for a free consultation and legal support.