Whistle Blowing

WHAT IS A WHISTLEBLOWER?

In legal terms, a whistleblower can be described as an employee who discovers and reports an employer’s misconduct. A whistleblower is either a current or past employee; who is reporting any past, present or future misconduct within the organization. A whistleblower typically has two people he or she reports the misconduct to; they usually report the misconduct to a person within the organization or to an external person. There are laws that protect whistleblowers from either being fired or mistreated as a result of reporting any misconduct by the employer. One of these laws is the whistleblower protection act. However, a California employment law attorney at Mostafavi Law Group, APC, can help break it down for you pursue it for the protection of your rights as a whistleblower.

WHEN ARE YOU PROTECTED?

In California, whistleblowers are protected for reporting any unlawful activity conducted by the employer activity to a government or law enforcement agency, even if they are reasonably mistaken on their belief.

Under several anti-retaliation and whistleblowing protection laws, no employer may make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

WHAT ARE SOME WHISTLEBLOWING EXAMPLES?

Instances of whistleblowing can include: the employee reported to management or the government agency that employer was not paying overtime wages due to certain number of its employees; or employer used improper billing practices with respect to a governmental contract; or certain executives shipping promotional records were violating laws prohibiting bribery, kickbacks, embezzlement and tax evasion; or agency’s referral practices discriminated against women and minorities; previous employer violated health and safety requirements; or some of coworkers without adequate security clearances had access to restricted military documents; or company’s practice of strip-searching suspected shoplifters violated state law; or company violated consumer protection laws; or employer violated immigration laws by hiring undocumented workers.

WHAT CAN YOU GAIN FROM TAKING ACTION AGAINST YOUR EMPLOYER?

An employer who retaliates against the employee and discharges him/her because the employee engages in a protected activity is liable for compensation and justice for the retaliatory discharge

WE CAN HELP

If you feel that you have been a victim of retaliation by your employer, you should contact an employment attorney immediately to protect your legal rights under both State and Federal laws.

The employment law matters are often complex and fact specific. At Mostafavi Law Group, APC, we treat your situation uniquely, and will tailor our representation to your situation and needs with commitment and zealous advocacy to maximize the recovery for you.

Fighting retaliation can be very tricky. You need to understand the technical aspects of the whistleblower protection act. An experienced attorney can make the process so much easier. You deserve to be compensated for any damages suffered due retaliation, including defamation (damage to one’s reputation), loss of wages and reinstatement. If you ever find yourself in a whistleblower situation, Contact the Mostafavi Law Group, APC they can get you the help you deserve.