Whistleblower Retaliation Lawyer in San Diego

Do you need a whistleblower retaliation lawyer in San Diego? The Waltman Employment Law has got your back. Book an appointment with us today.

rs badge min
el product min
bl b min

Waltman Employment Law: Your Whistleblower Retaliation Attorney in San Diego, CA 

If you’ve witnessed and reported any illegal or unethical activities at work only to face retaliation from your employer, you might have a valid claim for whistleblower retaliation. Unfortunately, employers may try to silence whistleblowers to protect their interests, leaving employees vulnerable to demotion, termination, or harassment.

Whistleblowing retaliation can make you feel helpless and unsure of what to do next. With the help of a whistleblower retaliation attorney, you can fight for your rights and protect yourself from further harm. These attorneys understand the federal and state whistleblower laws that safeguard whistleblowers and can assist you in fighting for justice.

At Waltman Employment Law, we understand the courage it takes to speak up and expose misconduct in the workplace. We are committed to advocating for employees who have faced retaliation for reporting wrongdoing. Contact us today for a free consultation.

Understanding Whistleblower Retaliation

A whistleblower is someone who exposes misconduct within a business. Whistleblower claims can encompass a range of issues, such as reporting illegal activity in the workplace, like discrimination and labor law violations, alerting to health and safety concerns, or exposing safety violations.

In-Depth Examples of Whistleblower Claims

Whistleblower claims are as diverse as the workplaces in which they arise. Consider the case where an employee uncovers financial mismanagement within a corporation, leading to a significant whistleblower claim under the Sarbanes-Oxley Act. This federal law protects employees who report fraudulent activities affecting shareholders.

In another scenario, imagine a healthcare worker who notices and reports unsafe patient care practices, invoking protections under the False Claims Act. This act shields individuals who expose fraud against government programs, ensuring they are not retaliated against for their courageous disclosures.

Environmental concerns also give rise to whistleblower claims. For instance, an employee at a manufacturing plant might report illegal dumping of hazardous waste, a serious violation of the Environmental Protection Act. Such whistleblowers play a pivotal role in safeguarding public health and the environment, often at great personal risk.

These examples underscore the broad spectrum of whistleblower claims, highlighting the critical role these individuals play in maintaining legal and ethical standards across various industries.

Employers’ Retaliatory Actions

When faced with a whistleblower, employers may resort to retaliatory actions. Whistleblower retaliation occurs when an employer disciplines or fires an employee who has reported a legal violation or safety issue in the workplace in response to the whistleblowing. Retaliation can take on different forms, including:

  • Wrongful termination 
  • Demotion
  • Postponing a promotion
  • Refusing to provide benefits or overtime
  • Refusal to hire
  • Pay or hour cuts
  • Threats, intimidation, or harassment

Whistleblower claims are protected under California law. Your employer cannot legally retaliate against you for reporting any misconduct, whether reported internally or externally. You have every right to speak up and ensure your employer is accountable for wrongdoing.

Laws Protecting Whistleblowers in California

Several laws protect whistleblowers in the state of California. Whistleblower protections are provided under the California Labor Code, California False Claims Act, and California Whistleblower Protection Act.

California Labor Code

California Labor Code Section 1102.5 protects whistleblowers from retaliation. According to the statute, employers cannot retaliate against employees who report violations, conduct, behavior, or other activities they reasonably believe may violate local, state, or federal laws, rules, or regulations. Nor can they adopt a policy that prevents employees from disclosing such information to the relevant authority. This law also makes it illegal for employers to punish employees who refuse to participate in activities that would result in a violation of local, state, or federal rules or laws.

California False Claims Act

The California False Claims Act includes a provision that empowers individuals to expose fraudulent activities related to government agencies and contractors. A “qui tam” lawsuit can be brought by a private citizen on behalf of a government entity against someone who tried to fraudulently obtain government money or avoid paying money to the government. Employees may bring qui tam lawsuits against their employers. Moreover, this Act safeguards employees who bravely report instances of fraud or embezzlement from retaliatory actions.

California Whistleblower Protection Act

The Whistleblower Protection Act empowers state employees to expose waste, fraud, law violations, or threats to health and safety without the fear of reprisal. This legislation underscores the crucial role of public servants in conducting the people’s business with transparency and integrity.

All of these laws protect whistleblowers and keep them safe from any retaliatory actions that might occur as a result of their disclosures. At Waltman Employment Law, we understand whistleblower protection laws and can help you navigate the complex process of asserting whistleblower retaliation claims.

How a Whistleblower Retaliation Lawyer Can Help You

Not only does the law protect you from whistleblower retaliation, but it also provides remedies if your employer has retaliated against you. This can include reinstatement, back pay, compensatory damages, emotional distress damages, possible punitive damages, and attorneys’ fees and costs.

A skilled San Diego whistleblower attorney can help you recover these damages and defend your rights in court.

Steps to Filing a Whistleblower Claim

  • Initial Consultation: The journey begins with a confidential meeting with a whistleblower attorney to discuss the potential claim. This step is crucial for understanding the legal framework and assessing the strength of your case.
  • Evidence Collection: Gathering documentation, emails, or any tangible proof is vital. This evidence will form the backbone of your claim, illustrating the misconduct you’re exposing.
  • Legal Evaluation: Your attorney will review the evidence, apply relevant laws, and determine the best course of action. This phase ensures that your claim aligns with statutory requirements and has a solid legal foundation.
  • Filing the Claim: Once your case is prepared, your attorney will file the claim on your behalf. This filing initiates the formal legal process and sets the stage for your employer’s response.
  • Investigation: Often, a government agency or an internal body will investigate the allegations. Your cooperation and additional information may be required during this phase.
  • Resolution: The case may conclude with a settlement, a court verdict, or an administrative decision. Your attorney will advocate for your interests throughout, aiming for a resolution that acknowledges your courage and rectifies the wrongs you’ve exposed.

Each step is a stride toward justice, ensuring that your voice is heard and your rights are protected in the challenging journey of whistleblowing.

Hiring an experienced whistleblower retaliation lawyer can provide invaluable assistance in the following ways:

  • Claim evaluation: A lawyer can help you thoroughly analyze your case to determine if you have a valid claim against your employer.
  • Gather evidence: Your attorney can help gather evidence to support your claim, like essential documents, witness statements, and other proof.
  • Negotiations: By hiring an attorney, you can rely on them to negotiate skillfully for you in order to reach a favorable settlement with your employer. Successful negotiations can help you avoid a lengthy and costly trial.
  • Representation at court: If negotiations are unsuccessful, your attorney can represent you in court, present your case, and make arguments on your behalf.

Contact an Experienced Whistleblower Retaliation Attorney Today

At Waltman Employment Law, we understand the immense courage it takes for employees to stand up against misconduct in their workplace, and we are committed to providing you with the solid legal representation you deserve.

Attorney Rick Waltman has a solid grasp of California employment law and is committed to helping you navigate the complexities of your whistleblower retaliation grievance. He will carefully analyze every aspect of your case to create a comprehensive and personalized strategy. 

We are committed to protecting employees’ rights and can negotiate with your employer, gather crucial evidence, and represent you in court. If you have faced retaliation for reporting workplace misconduct, don’t hesitate to contact us at Waltman Employment Law.

Frequently Asked Questions

How Do You Prove Whistleblower Retaliation?

To establish a whistleblower retaliation case under the California Labor Code Section 1102.5, an employee must show that they engaged in a “protected activity” by reporting unlawful conduct to the state or federal government, employer, or supervisor and that the employer knew that they had engaged in the protected activity.

Next, the employee needs to show that the employer subjected them to adverse employment actions, significantly impacting the terms or conditions of their job. Even seemingly minor actions can contribute to unlawful retaliation when considered as a whole. 

The final element necessitates a causal link between the protected activity and adverse employment actions; this can be substantiated by circumstantial evidence such as timing. For example, immediate termination following whistleblowing is more likely to be regarded as retaliatory.