Orange County Whistleblower Retaliation Attorney

The California Whistleblower Act provides broad protections for employees and job applicants who report illegal or wrongful activity in the workplace to a company executive, the police, a government official, or any public organization conducting an investigation.

When an employee “blows the whistle” and reports activity or conduct that the employee has reason to believe is against the law or otherwise improper, the employer or even a staffing firm is prohibited from taking retaliatory action against the employee or his family. Employers are also not allowed to retaliate against employees who file complaints for harassment or discrimination. Retaliation for an employee’s refusal to participate in an illegal activity is also against the law.

Other burdensome or hurtful acts might also qualify as “retaliation” – there is no formal list. The challenge, of course, is proving that these acts were motivated by your “whistleblowing.” And that is where a lawyer comes in handy.

You Don’t Have to be Right

If you reported a suspected violation of the law by your employer to, say, a California regulatory agency, your employer is not allowed to retaliate against you even if it later comes to light that the employer did not break the law. All you need to qualify for whistleblower protection is “reasonable cause” to believe that a violation occurred. If the law were otherwise, employees would be gambling their jobs every time they reported a suspected violation that they could not yet prove.

What Acts Constitute “Retaliation”?

“Retaliation”, for the purposes of the Whistleblower Protection Act, includes:

• • Termination;
  • Arbitrary or unfair disciplinary action;
  • Unjustifiably negative work evaluations or performance reviews;
  • Denial of a promotion;
  • Denial of a raise;
  • Denial of occupational training; or
  • Increased workload.

Other burdensome or hurtful acts might also qualify as “retaliation” – there is no formal list. The challenge, of course, is proving that these acts were motivated by your “whistleblowing.” And that is where a lawyer comes in handy.

Filing a Whistleblower Retaliation Complaint in Orange County, CA

You may file a whistleblower retaliation complaint with various state agencies, depending on where you work. Reporting whistleblower retaliation to a state agency could make it easier for you to prove your claim in court.

• • • If you are a California state employee, you can file a written claim with the State Personnel Board.
    • If you are an employee of the University of California, you can report to your human resources department, or to the official who has been designated to receive such complaints.
    • If you are an employee of California State University, you can report to the Vice Chancellor of Human Resources in Long Beach.

Regardless of whether there is a state agency with jurisdiction over your employer, you can file a lawsuit against your employer under the California Whistleblower Protection Act.

Compensation

Your claim might be worth more than you think it is. Employees who successfully prove a whistleblower claim can obtain back pay, reinstatement, emotional distress damages, attorneys fees, and in some cases, punitive damages. In certain cases, California law also provides for a civil penalty of $10,000 per violation in addition to any other damages you may be eligible for.

My Other Areas of Practice

In addition to employment discrimination cases, I also handle the following types of claims:

• • • Commercial litigation
    • Wrongful Termination
    • Sexual harassment
    • Retaliation
    • Unpaid wages and overtime
    • Employment discrimination
    • Medical and pregnancy leave
    • Class action lawsuits
    • LGBT Discrimination

In some cases, a whistleblower claim will involve similar offenses such as unpaid wages or wrongful termination.

I Can Help You Prepare Your Strongest Claim

Any lawyer licensed in California can represent you on a whistleblower retaliation claim, even if he is fresh out of law school or if his normal practice is limited to seeking compensation for traffic accident injuries. Because my practice is fully devoted to employment law and commercial litigation, I can offer you the theoretical knowledge and practical experience that these attorneys lack.

The ancient Chinese military strategist Sun-tsu wisely noted that every battle is won or lost before it is ever fought. As your legal representative, I will advise you on what information to gather and which claim-damaging pitfalls to avoid. I will also thoroughly investigate you claim and gather evidence prior to filing a lawsuit so that your chances of victory will be maximized.

The Time to Act is Now

If you believe you have a whistleblower retaliation claim against your employer, you need an experienced and dedicated attorney to defend your rights. Don’t wait to get help, don’t hire an attorney without experience in whistleblower claims and, above all, don’t try to handle your claim on your own.

Contact the Law Offices of Corbett H. Williams today at 949-649-4723, or fill out our online contact form, for a free initial consultation so that we can discuss your claim.