Protections For Whistleblowers In California
In California it is illegal to fire, demote, refuse to promote, harass, discriminate or retaliate against an employee who is in a protected class, or whose conduct is within a protected category, which includes persons who “blow the whistle” on improper or illegal activities. An employee is considered a “whistle blower” when he or she informs the government or a law enforcement agency that their employer is breaking the law. In some cases it is not required that a Government agency be contacted; it is enough to advise the employer of illegalities. This is especially true of “unsafe working conditions”, see California Labor Code 6310-11, et seq.
For example, it is illegal for an employer to fire an employee who reports racial discrimination. Also, it would illegal to fire or demote an employee who testifies in a proceeding against the employer for racial discrimination. This would be the basis for a lawsuit under numerous state and federal laws.
Keep in mind that "whistle blowers" are also good folks who report to government agencies illegal actions that cheat tax payers. We have litigated on behalf of (and served as partners with the Department of Justice) employees who report false claims information. Traditionally, this field as involved aerospace claims. In the last ten or so years, the number of inquiries we receive focuses on health care. These frauds may include false billings to the government, "unbundling claims" (where something included in a code for surgery is also billed separately), bills for medical services not medically necessary or charged at unfair prices, and other frauds. As part of the Obamacare Laws ("Patient Protection and Affordable Care of of 2010"), the false claims act was amended to provide for continued health care fraud coverage wherever federal programs are involved. Modeled on the Consumer Product Safety Act of 2008, anti-retaliation provisions for employees who blow the whistle on violations of Title I of that act are provided for.
Stephen Danz & Associates is California's largest statewide law firm that's dedicated to representing employees in disputes against their employers. Stephen Danz & Associates based in Los Angeles, California, protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees in they have not been paid the proper wages including overtime or minimum wage or given the proper meal breaks. If you believe that you are the victim of discrimination or retaliation because you are a whistle blower, contact our Los Angeles office to setup your free consultation to discuss this matter with our lawyers. We take cases on a contingency basis and collect no attorney fees unless we win your case.