Here are some key facts about how corporate whistleblowing works in California:
- Protections – Whistleblowing is protected by state and federal law. If you are considering blowing the whistle on an employer’s illegal activity, it is natural to worry about retaliation at work. In fact, this is one fear that prevents many would-be whistleblowers from coming forward. However, the law prohibits an employer from taking any retaliatory action against employees who report their unlawful conduct. If you are fired, demoted, stripped of employee benefits, or harassed pursuant to a whistleblower claim, this is illegal, and further legal action can be taken.
- Rewards – In many whistleblower cases, the individuals who come forward can be eligible for financial rewards. This is thanks to a long-standing legal concept known as “qui tam” law. This literally translates to “on behalf of the king” and refers to an individual taking legal action against an entity on the government’s behalf. One can see how this might apply to the scenario of a whistleblower going after an employer for illegal activity. The law provides for this financial incentive so that the everyday people who make our great state go will feel empowered to report fraudulent activities without worrying that they will be fired from their jobs and left destitute. While employer retaliation is already illegal, the support offered by financial rewards can be a major motivating factor in pushing someone over the line from concerned employee to whistleblower. The employment lawyers at Nosrati Law, A Professional Law Corporation, can help you present your case in a way that maximizes the potential for compensation.
- Types – There are as many different types of potential whistleblower cases as there are illegal actions an employer might take. The possibilities are, unfortunately, near to endless. Some of the most common whistleblower cases include:
- Healthcare – Because of complex billing practices and large profit margins on both tangible and intangible services, our profit-based healthcare industry is, unfortunately a ripe ground for fraudsters. Swift whistleblowing in the healthcare industry is absolutely critical because Californians need to be able to trust their doctors and providers.
- Environment – Environmental violations represent some of the most common types of infractions reported by employees with a concern for the public good. Comprehensive state and federal laws exist to protect our air, water, and natural areas. Environmentally destructive practices, like illegal dumping, should be swiftly reported to the authorities.
- Securities – With California representing one of the largest economies on the North American continent, there is a lot of money changing hands in the state every day. This is why a robust framework has been put in place to support those who expose “white-collar” financial crimes, like insider trading and market manipulation. Employees who wish to report these sorts of crimes can do so under the SEC’s (Securities and Exchange Commission) whistleblower program.
- Government Contracts – The local, state, and federal governments are serious about preventing fraud, waste, and misuse of funds when issuing government contracts. Overbilling is one of the most common violations reported in government contract whistleblowing cases.
- Taxes – Employees who have knowledge of corporate tax evasion can file a report with the IRS (Internal Revenue Service). The IRS is another federal agency that maintains an in-house program to encourage and reward whistleblowers.
Getting Help From a Lancaster, CA, Whistleblower Attorney
Whistleblowing might sound simple: you witness your employer doing something illegal, so you report it to the correct authorities and maybe even receive a reward. In a perfect system, it would indeed be that easy. In reality, however, it’s important to remember that many employers have vast legal and financial resources at their disposal. An employer who is willing to defraud customers, pollute the environment, or endanger its own employees will almost certainly be willing to use any and all legal tactics to stall or destroy your whistleblower claim. They may even retaliate against you. Powerful legal representation of your own is the greatest protection against this.
The team at Nosrati Law, A Professional Law Corporation, can start by thoroughly evaluating your claim to determine its viability and then get to work developing the perfect strategy for reporting the violation, seeking a financial reward, and asserting your rights under the law. We understand that the fear of retaliation can be pervasive in these types of cases, especially when blowing the whistle on a large or influential operation, and we can work aggressively to protect your rights at every step of the process.
Whistleblower Lawyer FAQs
Q: Is There a Whistleblower Law in California?
A: Not only is whistleblowing protected by law in California, it is also supported by a variety of federal laws and programs at individual governmental departments on both the state and federal levels. In California, your rights are specifically enshrined in the California Whistleblower Protection Act, among other laws. This legislation gives the office of the State Auditor broad authority to investigate claims of employer and governmental wrongdoing and protects the claimants from retaliation by the government or employers.
Q: What Percentage of a Settlement Does a Whistleblower Get?
A: The level of financial reward available for blowing the whistle on illegal activity can vary greatly depending on the type of situation, the government agencies involved, and the specific statutes under which the claim of wrongdoing is made. Many laws and programs also protect the confidentiality of whistleblowers, so specific data about reward amounts are not made publicly available. Nevertheless, it is broadly estimated that a whistleblower can receive anywhere from 10% to 30% or more of a judgment or settlement pursuant to a whistleblowing case.
Q: What Are the Cons of Filing a Whistleblower Case?
A: The major downside to whistleblowing that can scare off many would-be whistleblowers is the prospect of retaliation when they go back to work. Nobody wants to be harassed–or worse, lose their job–for simply trying to do the right thing. Thankfully, retaliation for whistleblowing is explicitly illegal, and action can be taken in court against an employer who retaliates against a whistleblower. Remember, there are also many important upsides to blowing the whistle on illegal employer or governmental activity: you protect society at large, stand up for yourself, and can even receive financial rewards, depending on your specific circumstances.
Q: Do Whistleblowers Get Paid in California?
A: Whistleblowers in California and other states may indeed be eligible for financial incentives. The amount of reward available will depend on many factors, such as:
- The particular circumstances of the case
- The governmental agency or program you’re working with
- The total amount of the settlement or judgment in the case
A good employment law firm can help you maximize the potential payout.
Nosrati Law, A Professional Law Corporation – A Steadfast Partner for Blowing the Whistle on Corporate, Government, and Small Business Wrongdoing
If you’re working in Lancaster, CA, or the surrounding areas, and you need to report illegal or unsafe activity by your employer, Nosrati Law, A Professional Law Corporation, is standing by to help.
Contact us today for a no-pressure consultation so we can review the circumstances of your case, begin putting together a plan to hold your employer accountable, and seek a fair reward for you. We don’t get paid until we recover a settlement on your behalf.
