Whistle Blower

When an organization violates state or federal laws, employees have the right to disclose such illegal activities. This act, known as whistleblowing, serves the public interest by exposing potentially illegal activities. However, it often leads to workplace conflicts, making it a complex issue that can benefit from neutral mediation.

Retaliation is a significant concern in whistleblowing cases. Various laws and statutes have been established to safeguard those who report suspected violations of:

• State or federal laws
• Regulations
• Public policy

California Whistleblower Claims: Protections Against Retaliation

Workplace retaliation against whistleblowers can manifest in several ways, including:

• Wrongful termination
• Constructive termination (creating an intolerable work environment)
• Unfair performance evaluations
• Unjustified failure to promote
• Denial of professional development opportunities

California has enacted multiple statutes to protect employees from retaliation due to whistleblowing, each addressing different scenarios:

Labor Code 1102.5: General Whistleblower Protection

• Prohibits employer retaliation for disclosing legal violations to authorities
• Protects employees who provide information or testimony about suspected violations
• Extends protection even if the alleged violation is not proven, provided the belief was reasonable

Labor Code 98.6: Protection for Reporting Labor Law Violations

• Shields employees reporting Labor Code violations to the California Labor Commissioner
• Covers issues related to minimum wage, overtime, and break laws

Labor Code 6310: Protection for Occupational Health and Safety Complaints

• Protects employees reporting violations to Cal/OSHA
• Extends protection to employees whose family members report violations

Government Code 8547: California Whistleblower Protection Act

• Offers comprehensive protection for state public employees reporting: a. Violations of laws, regulations, executive orders, or court orders b. Health or safety risks to employees or the public c. Economically wasteful government activity or gross negligence

Health & Safety Code 1278.5: Protection for Healthcare Workers and Patients

• Prohibits retaliation against healthcare facility staff reporting unsafe conditions
• Covers doctors, nurses, patients, medical staff, and other healthcare workers

Education Code 44110-44115: Protection for School Employees

• Safeguards employees reporting improper governmental activities in public schools
• Imposes criminal and civil fines on violating public school administrators

Additional Whistleblower Protections in California

• Qui tam (California False Claims Act): Allows employees to sue employers for fraud against the government and protects employees from retaliation for bringing qui tam suits.
• FEHA Retaliation Protection: Guards against retaliation for reporting discrimination violations.
• Sarbanes-Oxley Act: Protects employees of publicly traded companies reporting security fraud.
• Dodd-Frank Act: Shields whistleblowers revealing corporate misconduct.
• Federal Whistleblower Protection Act of 1989: Outlines specific provisions for federal employees to bring successful whistleblowing claims, requiring:
  • A protected disclosure
  • Reasonable belief of misconduct or law violation
  • Evidence of retaliation
  • Direct connection between the disclosure and retaliation

Mediating Whistleblower Disputes: Navigating Complex Legal Terrain

Whistleblower laws encompass a diverse and intricate legal landscape. Whether you’re contemplating reporting misconduct or have experienced career repercussions due to whistleblowing, understanding your rights and protections is crucial.

California Whistleblower Claims: Seeking Neutral Guidance

Given the complexity of whistleblower legislation, seeking professional guidance can be beneficial. Resolve Wannon offers neutral mediation services to help both employees and employers navigate these challenging situations. Our experienced team provides impartial guidance on the legal framework surrounding whistleblower protection and facilitates constructive dialogue to ensure all perspectives are considered.

Whether you are an employee or employer facing a whistleblower-related issue, consider reaching out to Resolve Wannon for a balanced and impartial approach to resolution. We offer confidential consultations to discuss your situation and explore potential paths forward through mediation.