California’s 2003 amendment to the Whistleblower Protection Act provides a means for workers throughout the state to notify government officials about illegal practices by employers in the state of California, and protects those employees from retaliation by employers. The law applies to anyone working in California, including all state, county and city government employees as well as those working in school districts and for the University of California.
The Los Angeles whistleblower attorneys at The Rubin Law Corporation assist clients in actions where they have reported an employer’s misuse of state or federal government funds or who violate laws that compromise the safety of the public. If you need help with a whistleblower claim, contact us online or call 310-385-0777 to speak with an experienced whistleblower attorney in Los Angeles.
In addition to a requirement that employers post a whistleblower hotline number and requirements to ensure whistleblower claims are properly addressed, California Labor Code Section 1102.5 also offers protection for those who either report state or federal law violations or refuse to participate in violations.
Employers who retaliate against a California whistleblower are subject to civil penalties. Employers have the burden of proof in cases involving retaliation against whistleblowers. The employer must show that it would have taken the unfavorable employment actions toward the employee, even if the employee had not been a whistleblower.
The skilled whistleblower attorneys at our firm have represented California workers in a variety of whistleblower situations, and we know how to help protect your employee rights involving state and federal whistleblower laws and related provisions under the Sarbanes-Oxley Act.
In one illustrative instance, The Rubin Law Corporation represented an employee of a manufacturer in an industry that is highly regulated by the FDA. The employee repeatedly complained about company practices, which he believed resulted in violations of federal regulations and compromised product quality. He believed that the unlawful conduct would result in fraud against the shareholders of the publicly traded parent company.
Shortly after he was terminated, our lawyers assisted him in filing a claim under the whistleblower provisions of the Sarbanes-Oxley Act with the U.S. Department of Labor (DOL). While the DOL investigated the whistleblower complaint on the federal level, we continued to pursue the employee’s wrongful termination and whistleblower retaliation claims under California’s whistleblower statutes.
Because the employee had signed an agreement to arbitrate claims with the employer, all of the employee’s claims were headed to arbitration, which generally is more favorable to employers. Prior to beginning the arbitration process, however, we negotiated with the employer to engage in an early mediation. In one full day of negotiations, rather than over the course of a year in arbitration, we came to agreement and our client was compensated for his damages.
E-mail our firm or call 310-385-0777 to speak with an experienced Los Angeles whistleblower lawyer about your rights under the Sarbanes-Oxley Act and California’s Whistleblower Protection Act.