Orange County Whistleblower Attorney
As an employee, you might often feel like you don’t have the freedom to report illegal or fraudulent activity that you’ve witnessed by your employer. Many people are afraid of retaliation if they want to say something about what might be going on in the workplace. Legally, an employer is prohibited from retaliating against whistleblowers. You should be protected. Many employers who are engaged in fraudulent or illegal activity might not take too kindly to an employee reporting nefarious activities, so they may end up illegally terminating you or retaliating against you.
If you’ve experienced this kind of behavior by an employer, it’s essential to contact an attorney immediately. Sessions & Kimball can help you. Contact our Orange County whistleblower attorneys by using our online contact form or calling us at (949) 380-0900 for a free consultation today.
Why Choose Sessions & Kimball, LLP?
The law firm of Sessions & Kimball, LLP, is devoted to advocating for California employees, even against the most powerful employers. With Sessions & Kimball, your case has the following advantages:
- Representation by a well-respected law firm with regular listings in Best Lawyers®, as well as Superlawyers, and Rising Stars, plus an AV preeminent rating by Martindale-Hubbell
- An entire team of employee rights attorneys and staff collaborate to achieve a favorable result in your case
- A lawyer on your side throughout the process to personalize a strategy for a result that aligns with your goals
- Decades of combined knowledge of California’s employment laws and protections on your side
We do not charge our clients upfront fees. Instead, we use contingency-based payment, so you only pay your legal fees after we’ve recovered compensation for you in your case.
What Is A Whistleblower?
Simply put, a whistleblower is an employee who reveals corporate wrongdoing to law enforcement or someone else who has the authority to investigate the claims. The wrongdoing often includes corruption, racial discrimination, sexual harassment, or fraud. While these are the most common types of workplace abuse, whistleblowing is the reporting of any safety or legal violation. If you feel like you’re facing discrimination in the workplace, our Orange County discrimination attorneys can help.
Why You Need A Lawyer
When you witness illegal or fraudulent activity that your employer is engaging in, you may feel compelled to report it. While this may be the right thing to do, it’s possible that an employer will not take kindly to this and will try to retaliate against you. It’s crucial for you to know the laws regarding speaking out, and it’s vital to know what legal protections you have. You should never have to worry about losing your job because you’ve reported something that needs to be exposed, regarding illegal or improper actions by your employer.
If this is a concern, contact an Orange County whistleblower lawyer immediately. It might be a good idea to get a free consultation before you report the behavior so you can protect yourself from being fired if you believe your employer might try to retaliate. Sessions & Kimball is highly experienced in dealing with whistleblower cases, so don’t hesitate to reach out for a free consultation.
The Whistleblower Protection Act
The California Whistleblower Protection Act gives the California Statute Auditor the authority to investigate complaints about illegal or improper governmental activities. It also protects state employees from retaliation if they file a complaint about illegal activities they’ve witnessed. Retaliation can include termination, threats or intimidation, failing to promote someone, poor performance evaluations, or any other adverse employment action or form of disciplinary action.
The False Claims Act
Whistleblowers are also protected federally under the False Claims Act. This law, originally created in 1863, has a provision called “qui tam” that applies directly to whistleblowers. The provision allows any person to file a lawsuit on behalf of the U.S. government if the fraud they are exposing is something that financially hurts the government. Essentially the government offers, in exchange for bringing to justice anyone defrauding them, a reward between 15-30% of the money recuperated.
What to Do After Whistleblowing Against an Employer In California
As a whistleblower, it’s crucial to carefully document everything related to your case. First, it’s important to document evidence of the illegal or unsafe action. Then, take the following measures:
- After reporting the employer’s unlawful, unsafe, or unethical action, report the situation to your company’s HR department
- Cooperate fully with any investigation into the employer’s actions by regulatory bodies
- Document any instances of employer retaliation, such as pay reduction, demotion, reduced hours, or harassment
- Keep copies of all communications between yourself and your employer
Hire an experienced Orange County Whistleblower attorney from Sessions & Kimball Employee Rights Attorney to protect your rights and best interests.
What You’re Entitled To If Your Employer Retaliates
If you’ve been retaliated against by your employer for reporting a violation, you might be entitled to compensation, such as lost wages, benefits, and attorney’s fees. Additionally, if the court determines that your employer acted maliciously, they may award punitive damages as well, in order to deter the employer from engaging in this behavior in the future.
What Does Retaliation for Whistleblowing Look Like?
California’s Fair Employment and Housing Act (FEHA) protects employees’ rights, including the right to be free from employer retaliation when they’ve exercised their legal rights, such as whistleblowing about illegal, unsafe, or unethical employer actions. It’s crucial for an employee to recognize retaliatory actions, such as the following:
- Firing or terminating the position of a whistleblower employee
- Reducing hours or wages
- Inaccurately negative employee evaluations
- Demotion
- Exclusion from team meetings, conventions, and opportunities
- Reducing benefits
- Transfer to a less desirable work location
- Denying promotions, bonuses, and commissions
- Micromanagement or intense scrutiny
- Threats, verbal abuse, and harassment
Whistleblowers have the right to a work environment that’s free from hostility and other forms of employer retaliation. If your employer engages in retaliatory measures against you after your whistleblowing, you can file an employer retaliation claim against the employer.
What Is the Time Limit for Filing a Whistleblower Claim?
The time available to file a whistleblower claim varies depending on the employer’s unlawful action. For instance, if an employer fired you for whistleblowing, you generally have up to three years to file a claim for employer retaliation, while there is a six-year time limit for False Claims Act cases.
State employees have up to one year to file a claim under the Whistleblower Protection Act.
An employee rights lawyer from Sessions & Kimball will advise you on how time limits and the statute of limitations impact your claim under the unique circumstances of your case.
Our Whistleblower Attorneys Will Protect You
If you reported your employer for violating the law or engaging in fraud and you are being retaliated against, it’s important to contact an experienced Orange County whistleblower lawyer immediately. Sessions & Kimball can help protect you. Civil rights employee protections are at the core of our legal practice.
Our employment attorneys stand up for employees every day to secure justice for our clients, protect other employees, educate workers about problematic workspaces, and set a standard in the community for a better society. Contact our office by using our online contact form or call us at (949) 380-0900 to schedule a free consultation today.