What Is a Whistleblower?

Under U.S. law, a whistleblower (or whistle blower) is an employee who “tells” on an employer, because he or she reasonably believed that the employer committed an illegal act.

Whistleblowing Laws in California

Under the laws of most states, whistleblowers are entitled to emotional distress and punitive damages. Now, under federal law, specifically the Sarbanes-Oxley Act, any person who “interferes with” the employment or livelihood of an employee for providing any truthful information to legal authorities relating to the commission or possible commission of any federal offense can be imprisoned for up to 10 years, and pay a fine of up to $250,000.

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What Is the Whistleblower Protection Act?

Whistleblower protection is provided by Federal acts and related statutes that shield employees from workplace retaliation for reporting illegal acts of employers. An employer cannot rightfully retaliate in the workplace in any way, such as wrongfully discharging, demoting, suspending, or harassing the whistleblower. If an employer retaliates anyway, whistleblower protection might entitle the employee to file a charge with a government agency, sue the employer, or both.

Typically, to be entitled to whistleblower protection, an employee must report an employer’s alleged illegal act to the proper authority, such as a government or law enforcement agency. If you have seen an illegal act at your workplace, a whistleblower attorney in Los Angeles can assist you in contacting the proper authorities.

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Who Is Protected By the Whistleblower Act in Los Angeles?

An employee might not be entitled to whistleblower protection for reporting an illegal act within the company. However, the employee might be protected from workplace retaliation under public policy or other laws. For example, if an employee reports sexual harassment to the company’s HR department, he or she is protected from workplace retaliation under Title VII of the Civil Rights Act and cannot be fired for reporting it. A wrongful termination lawyer can explain the differences to you in a free attorney consultation about wrongful termination for reporting illegal activity.

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Am I Still Protected if I am Wrong About My Employer Breaking the Law?

Even if it turns out that an employer did not actually break a law, an employee is still entitled to whistleblower protection from retaliation if he or she reasonably believed that the employer committed an illegal act.

However, whistleblower protection typically does not include employer retaliation for employee complaints about personal dislikes. To be protected from employer retaliation, an employee typically must report an alleged violation of a federal law that provides whistleblower protections. At the state level, some whistleblowing policies protect whistleblowers who report alleged violations of laws, regulations, or ordinances. Collectively, such provisions are called whistleblower protections or whistleblower laws.

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What Are State and Federal Laws About Whistleblowing Cases?

Whistleblowing laws in California and federal whistleblower laws have provisions for employer retaliation protection and are enforced by a number of government agencies. For example, the U.S. Department of Labor (DOL) and its divisions enforce several major laws that directly protect whistleblowers or have provisions to shield employees from retaliation for reporting violations of the laws, refusing to engage in any action made unlawful by the laws, or participating in any proceedings under the laws.

Federal whistleblower laws mandate only the minimums to which all states must adhere. States are allowed to create their own whistleblower laws, which include or expand upon the minimum protections afforded by the federal laws. To research your state’s whistleblower laws, start with the employment resources listed in State Labor Law and Employment Law. You can also contact your state’s department of labor.

What Do I Do if I Was Wrongfully Terminated?

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Why Choose the Whistleblower Lawyers at Kesluk, Silverstein, Jacob & Morrison in Los Angeles, California?

Before reporting workplace misconduct, it’s important to speak with an attorney to determine whether whistleblower protections apply to your circumstances. For more than 30 years, Kesluk, Silverstein, Jacob & Morrison has represented employees across Los Angeles who have been subjected to unlawful or retaliatory treatment. Our attorneys are dedicated to standing up for workers and advocating for those whose rights have been violated by powerful employers. With decades of experience and a proven record of results, we work diligently to pursue accountability and fair outcomes for every client.

Our firm’s recognition includes:

  • Induction into the Million Dollar Advocates Forum
  • Membership in the California Employment Lawyers Association and the Consumer Attorneys Associations of California and Los Angeles
  • Recognition as a top labor and employment attorney in California by The Daily Journal
  • Designation as Super Lawyers and Super Lawyers Rising Stars

If you’ve observed wrongdoing and are unsure of your next steps, contact a whistleblower lawyer in Los Angeles for a free, confidential consultation. Your rights matter, and our team also offers a free Q&A guide to help you better understand whistleblower protections under California law.

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Whistleblowing FAQs

What complaints are protected under California Labor Code Section 1102.5?

Are there any potential consequences for whistleblowers?

What can a whistleblower do if they experience retaliation?

How can a whistleblower lawyer help me?

What if I signed an NDA?

Can I report conduct that happened years ago?

What damages can I recover for whistleblower retaliation?

What complaints are protected under California Labor Code Section 1102.5?

California Labor Code Section 1102.5 protects employees who disclose information to “a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance” when the employee has “reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation,” regardless of whether the conduct ultimately turns out to be unlawful. This means that protection generally applies to reports of illegal conduct—not to internal policy disagreements alone—and that employees may still be protected if they reasonably believed the conduct violated the law.

To strengthen a potential claim, complaints should be made in writing, kept concise and specific, and preserved in a manner that shows the employer received them, such as by email.

Are there any potential consequences for whistleblowers?

Whistleblowers may face challenges such as workplace retaliation, strained professional relationships, or attempts to discredit their claims. However, various federal and state laws provide protections for individuals who report unlawful conduct in good faith.

What can a whistleblower do if they experience retaliation?

Employees who experience retaliation after reporting misconduct may have legal remedies available. Depending on the circumstances, they may be able to pursue claims for lost wages, reinstatement, emotional distress, or other damages. Our attorneys can evaluate whether retaliatory actions violated applicable whistleblower protection laws.

How can a whistleblower lawyer help me?

Our team at Kesluk, Silverstein, Jacob, & Morrison can help you understand your rights, evaluate the strength of a potential claim, gather and preserve evidence, and navigate the reporting process. We also work to protect whistleblowers from retaliation and provide guidance at every stage of the case, helping clients make informed decisions about how to move forward.

What if I signed an NDA?

Signing a nondisclosure agreement never prevents you from reporting illegal conduct or cooperating with government investigations. In many situations, laws protecting whistleblowers take precedence over contractual provisions that seek to restrict lawful reporting.

Can I report conduct that happened years ago?

Possibly. The ability to pursue a whistleblower claim often depends on the specific facts of the case and any applicable statutes of limitation. We can review the circumstances and determine whether legal options remain available despite the passage of time.

What damages can I recover for whistleblower retaliation?

Depending on the applicable law and the facts of the case, damages may include lost pay, lost benefits, emotional distress damages, punitive damages, attorney's fees, and other compensation related to the retaliation. The available remedies will vary based on the type of claim and the harm suffered.

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