Whistleblowers are employees who learn about misconduct at the companies where they work. Their access to non-public information can put them in a difficult position where they may address an employer’s misconduct.
Whistleblowing activities include advising management of illegal or unsafe practices, reporting concerns to regulatory agencies and filing lawsuits on behalf of the government to address fraudulent billing practices. Whistleblowers often feel anxious about their job security and finances.
Thankfully, both federal laws and California statutes clearly protect whistleblowers from retaliation and encourage responsible reporting of safety and legal concerns.
Whistleblowers have protection from retaliation
The most important whistleblower protection is the right to speak up without fearing punishment. Whistleblowing is a protected activity, which means that employers cannot retaliate against workers for internal or external whistleblowing efforts.
Terminations, demotions, reductions in pay and unfavorable transfers are all examples of unlawful retaliation that could occur after whistleblowing. Whistleblowers may have the right to file lawsuits in cases where their employers penalize them for doing the right thing.
Whistleblowers can sometimes remain anonymous
In some cases, whistleblowers may not need to disclose their identity to take appropriate action. Businesses sometimes have anonymous whistleblowing hotlines. Multiple federal agencies protect the identities of whistleblowers. Even when workers make reports anonymously, they may still need to take steps to protect themselves from retaliation, as employers can often assess the situation to determine who made the report.
Discussing safety or legal concerns with an employment law attorney before engaging in whistleblowing activities can help workers to better ensure that they have appropriate documentation and follow the right procedures to optimize their legal protection. Attorneys can assist with the whistleblowing process and can help workers respond appropriately when companies retaliate.