In the context of employment law, a whistleblower is someone who reports their employer’s wrongdoing to a governmental or law enforcement agency. There are many whistleblower provisions in both California and Federal law that protect employees from reporting unlawful contact including Labor Codes §§1101-1106, the Occupational Safety and Health Act of 1970 (“OSHA”), the False Claims Act (31 USC §3730), Title VII of the Civil Rights Act, among others.
In California, employees are encouraged to speak up when they suspect their employer is engaging in illegal activity. If you have reported any “protected activities”, it is unlawful for your employer to retaliate against you. Some examples of “protected activities” are:
- Reporting unsafe workplace conditions such as OSHA violations
- Reporting wage and hour violations such as missed meal and rest periods
- Reporting fraud or other illegal activity
- Reporting sexual harassment in the workplace
Additionally, examples of retaliation against an employee who made a complaints of their employer’s illegal conduct are:
- Unfairly disciplining the employee
- Failing to hire the employee
- Failing to promote the employee
- Reducing the employee’s salary
- Transferring the employee to a less desirable position
- Giving the employee negative performance reviews.
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