Vincent W Davis

Whistleblower Laws

Good People are Protected by Whistleblower Laws

According to Black’s Law Dictionary, a whistle blower is “[a]n employee who reports employer wrongdoing to a governmental or law enforcement agency.” Wikipedia – defines a Whistleblower as a person who tells the public or someone in authority about alleged dishonest or illegal activities (misconduct) occurring in a government department or private company or organization.

California’s 2003 amendment to the Whistleblower Protection Act has “teeth”

California’s 2003 amendment to the Whistleblower Protection Act has teethFortunately for employees in California, California’s 2003 amendment to the Whistleblower Protection Act provides a method for employees throughout California to confidentially notify government officials about illegal practices by employers, and attempts to protect those employees from employer retaliation. The Whistleblower Protection Act applies to any private citizen working in California, and also all city, county, state employees as well as those working in school districts and the University of California.

Workplace Posting Requirements
Retaliation Protections

Another benefit of the Whistleblower Protection Act is the mandatory requirement that employers shall post a whistleblower hotline number for employees. To ensure that whistleblower claims are properly addressed, California Labor Code Section 1102.5 also offers protection for employees who report either state or federal law violations. Employers who retaliate against a person considered a California whistleblower are subject to civil penalties. Moreover, the burden of proof is not on the employee, but the employers have the burden of proof in cases involving any retaliation against whistleblowers.

History of Whistleblower Laws

Before there were laws protecting individuals most “Whistle-Blowing” was left up to the 4th Estate — the old media who had some protection in their visibility and public support. Not so much any more, but back in the days when the news media was independent, they ran stories and exclusives that would alert the public to illegality and wrongdoing in certain sectors of corporate America and even government.

In more recent times, lawmakers have taken notice of the risks associated with blowing the whistle, and Congress and state legislatures have taken steps to strengthen whistleblower laws protecting courageous employees when facing the overwhelming power of huge business organizations. There are now many laws which protect employees from employer retaliation such as demotion, failure to promote, harassment, actual termination and other unfair employment practices. Many of state and federal laws also provide monetary rewards for whistleblowers if the government can recover ill-gotten gains from corrupt businesses that might be taking advantage of taxpayers.

Why You need a Lawyer

There have been significant advancements is legal protections offered whistleblowers in recent years thanks to new and more robust state and federal laws. Unfortunately “speaking out” against big, powerful wrongdoers is not without some personal career risk, and that is why employees, supervisors, managers, and executives come to Vincent W. Davis & Associates. When you have a experienced firm of dedicated lawyers to back you, document your allegations, and support your position, you are not likely going to walked over and pushed aside. Moreover, because of the numerous state and federal laws that are on the books, navigating the complex procedures required to effectively bring a Whistleblower claim is quite the challenge requiring lawyers and staff who are familiar with the government agencies and courts.

Whistleblower Laws are designed to protect whistle blowers are protected by:

  • the Whistle-blower Protection Act (5 USC §1211);
  • the Occupational Safety and Health Act (29 USC §660);
  • the False Claims Act (FCA) (31 USC §3730);
  • Title VII of the Civil Rights Act (42 USC §§2000e-2(a)(1) and 2000e-3(a));
  • the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC §9610);
  • the Air Pollution Prevention and Control Act (42 USC §7622); and
  • the California Whistle-blower Protection Act (Govt C §§8547-8547.12).

Under Lab C §1102.5(a)-(d), an employer may not:

  • make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistle-blower;
  • retaliate against a whistle-blower;
  • retaliate against an employee for refusing to participate in an activity that would result in either a violation of a state or federal statute or a violation or noncompliance with a state or federal rule or regulation; or
  • retaliate against an employee for exercising the rights of a whistle-blower in any former employment.

We defend Clients facing Bringing Whistleblower Charges

Contact one of our experienced Employment Attorneys at Vincent W. Davis & Associates if you are considering or have already begun Whistleblower proceedings against an employer. Ask us how we can protect and defend your rights; how we can protect you from employer retaliation and if necessary take swift action against any sign of retaliation; defend your dignity and protect your career. We are close by if you are anywhere in Southern California or in any of the counties or cities listed below:

  • Los Angeles
  • Los Angeles County
  • Orange County
  • Riverside County
  • San Bernardino County
  • Santa Ana</li
  • Beverly Hills
  • Anaheim
  • Irvine
  • Long Beach
  • Pasadena
  • And more…

Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442
Fax: (626)-446-6454

Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733

La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542

Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132

Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802

Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971
Fax: (949)-203-3972

Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761

Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644

San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070

Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822