San Bernardino Whistleblower Lawyer
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San Bernardino Whistleblower Attorney
Have you been wronged by your employer? Please call Theory Law at (310) 500-0206 to speak with a Wage and Hour Lawyer.
It takes a lot of courage to oppose fraudulent, unethical, or unlawful activities in a company or government organization. While both federal and California laws protect employees against retaliation from employers for exposing harmful company information, retaliatory actions can still impact employees. If you’re being retaliated against for these types of actions, meet with a San Bernardino whistleblower lawyer to discuss your case.
While there are plenty of laws in place to protect employees against whistleblower retaliation, it’s still a possibility that some have to face. That’s why it can be crucial to work with a San Bernardino employment law attorney from Theory Law. Our team understands how state and federal laws protect employees and what they can do if they face illegal retaliation.
How Is Whistleblowing Defined in San Bernardino?
Whistleblowing refers to a person lawfully revealing information from within an organization if they find some form of wrongdoing in that organization. It’s important to note that whistleblowing is a powerful tool used to raise awareness about unethical, unlawful, or unsafe activities. It does not involve reporting personal grievances or disagreements with management.
With approximately 1,026,500 people in the San Bernardino County workforce, it’s important for employees to understand their rights when these situations arise. It can be daunting to stand up against an employer, especially one who is already punishing you for trying to do the right thing. Working with a San Bernardino employment law attorney can be highly beneficial, as they can evaluate your case and navigate the processes that follow.
California’s Whistleblower Protection Act and California Labor Code Section 1102.5 provide protections for whistleblowers. These laws encourage employees to come forward about unethical or unlawful activities in their workplaces. They apply to both private and publicly owned companies as well as government agencies, essentially protecting any type of employee who wants to come forward with a claim.
Additionally, the California False Claims Act (FCA) protects employees who complain about any type of fraudulent activity toward the state and any government bodies. The FCA prevents private contractors from partaking in other types of fraudulent activities to get more money from the government. This usually includes offenses like submitting false invoices or fraudulent documents to obtain money or property from the state.
The law gives the Attorney General permission to recover damages and enforce civil penalties against anyone who knowingly partakes in these activities. The whistleblower who reports the incident may also be entitled to a share of the recovery. The “qui tam” provision is what specifically allows whistleblowers to file an action that enforces the FCA. These types of cases have resulted in significant recoveries under the FCA.
At the federal level, the Department of Justice recovered approximately $2.6 billion in judgments and settlements under the FCA by the end of the fiscal year in September 2023. It also recovered more than $2.9 billion from cases involving fraud against the government in the fiscal year ending September 2024.
With high recovery amounts for these types of cases still being reported, it’s more important than ever for employees at every level to stay vigilant and hold people accountable for their misconduct, even if you feel like it’s not your place to get involved. California and the federal government have these laws in place to urge people to report suspicious activities.
Types of Illegal Retaliation Used by Employers in San Bernardino
San Bernardino employees can experience two main types of illegal retaliation from their employers. The first has to do with employees being punished for exercising or defending their own workplace rights. The second involves reporting or complaining about unfair work practices that negatively impact other employees or the public. The latter is known as “whistleblowing” since you’re effectively calling out a business for its unlawful or unethical practices. Employees are often afraid to report misconduct in their workplace for fear of losing their jobs or dealing with some other form of punishment.
In 2020, there were 35 whistleblower retaliation claims filed in California, followed by another 35 in 2021, 28 in 2022, and 24 in 2023. With retaliatory incidents still occurring despite state and federal laws, it’s wise to work with a knowledgeable San Bernardino employment law attorney to protect yourself from unlawful employer actions. Common forms of workplace retaliation for whistleblowing can include unexplained:
- Demotions or transfers
- Denial of opportunities
- Negative performance reviews
- Reduced hours or salary
- Termination
Many laws in California’s Labor Code specifically protect employees against forms of employer discrimination or retaliation. It’s important to understand your rights as an employee so you can stand up for yourself and recover the damages you’re owed. If you’re experiencing some form of retaliation for whistleblowing, be sure to document everything, report the incident as soon as possible, and seek legal counsel from a San Bernardino employment law attorney.
Fortunately, California’s retaliation and whistleblower laws continue to evolve, providing better protections and incentives for individuals who report an organization’s illegal behavior. This can make it easier for employees to seek legal recourse for a whistleblower case.
Recent Updates to California’s Retaliation Law
Under Senate Bill 497, also known as the Equal Pay and Anti-Retaliation Act, it’s now easier for employees to make a claim. They can satisfy their initial burden of proof when an employer commits a potentially retaliatory act within 90 days of the employee engaging in the protected activity that caused the retaliation. New amendments to sections of the California Labor Code also imposed civil financial penalties on employers in addition to other remedies owed to the plaintiff.
The existing law already prohibits a person from retaliating against an employee if they exercised their legal rights to disclose information about unethical or unlawful practices they’ve witnessed. The goal of these amendments was to better hold employers accountable for their actions. They were also passed to make employees feel safer about doing the right thing and reporting misconduct in the workplace.
Some of the key changes in California’s Labor Code include:
- Broadening the definition of “employer”
- Expanding the definition of protected activities
- Improving remedies for retaliation
- Shifting the burden of proof to employers
FAQs
Q: What Is the Average Settlement for a Whistleblower Case in San Bernardino?
A: The average settlement amount for a whistleblower case in San Bernardino depends on the case’s complexity and the strength of the evidence you can provide. Working with a San Bernardino employment law attorney can secure higher settlement amounts due to their enhanced negotiation skills and access to resources, which can greatly improve the outcome of your case.
Q: Does California Have a Whistleblower Law?
A: Yes, California protects whistleblowers under California Labor Code Section 1102.5. This encourages employees to report violations or noncompliance to the appropriate government or law enforcement agency. In San Bernardino, this would be the Labor Commissioner’s Office on West 4th Street. Under California law, employers may not prevent an employee from whistleblowing. They also cannot retaliate against an employee for whistleblowing or refusing to participate in unlawful activity.
Q: What Qualifies as a Whistleblower Case in San Bernardino?
A: California law protects employees’ rights to disclose potentially harmful or unlawful information to government agencies or law enforcement. In short, an employer cannot retaliate against an employee for whistleblowing. Whistleblower cases arise when employers ignore this law and negatively react to an employee’s actions. The employee could have a case if they can prove that it is a form of retaliation.
Q: What Damages Can I Recover From a Whistleblower Case in San Bernardino?
A: People typically file a whistleblower claim in San Bernardino after they exercise a legal right and are unlawfully retaliated against by their employer, which can result in losses suffered by the employee. If you win the case, you can potentially recover both economic and non-economic damages, including lost benefits and wages, compensation for emotional distress, and employment reinstatement. The San Bernardino Superior Court may also award punitive damages when necessary.
Contact a San Bernardino Whistleblower Lawyer to Discuss Your Case in Detail
Whistleblower retaliation can have a devastating impact on an employee’s life, including loss of payment and benefits, harm to their reputation, and emotional distress. When cases of retaliation occur, our San Bernardino employment law firm can represent our clients and recover the damages they’ve lost due to any form of retaliation.
At Theory Law, we can protect your rights and accomplish your goals. We work on a contingency fee basis, which means we only collect our fees once we win your settlement. If you’re ready to talk about your case, contact us to set up an appointment with a San Bernardino whistleblower lawyer today.
How Can Theory Law Help You?
If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.
Practice Areas
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