Whistleblower Protection - Brightwood Law Group, PC

California Whistleblower Protection: Fired for Speaking Out?

Introduction: The Vital Role and Rights of Whistleblowers

A whistleblower is an individual who bravely steps forward to expose illegal, unethical, or harmful practices occurring within their workplace or organization. These actions are vital for public safety, corporate accountability, and upholding the rule of law. Recognizing the courage and importance of such disclosures, California and federal laws provide strong protections for whistleblowers against employer retaliation, including the most severe form: wrongful termination.

At Brightwood Law Group, PC, we are dedicated to defending employees who have been unlawfully fired or otherwise penalized for acting as whistleblowers. This page explains your rights, the protections available, and what to do if you believe you have been wrongfully terminated for exposing misconduct.

Who is Considered a Whistleblower in California?

In California, a whistleblower is typically an employee (or former employee, and in some cases, even a job applicant) who discloses information about activities they reasonably believe to be illegal or improper. This can include:

Reporting Violations of Law: Disclosing information about conduct that violates a local, state, or federal statute, rule, or regulation.
Exposing Noncompliance: Reporting an employer’s failure to comply with legal or regulatory requirements.
Reporting Fraud or Corruption: Uncovering financial misconduct, fraud against the government (e.g., Medicare/Medicaid fraud), or other corrupt practices.
Alerting to Health and Safety Dangers: Reporting conditions or practices that pose a significant threat to employee or public health and safety.

Whistleblower protections often apply whether you report the misconduct internally (e.g., to a supervisor, HR department, or company ethics hotline) or externally (e.g., to a government agency, law enforcement, or a public body conducting an investigation).

Key Whistleblower Protection Laws Shielding You From Wrongful Termination

Several important laws protect whistleblowers from retaliatory discharge:

California Labor Code section 1102.5: This is California’s primary whistleblower protection statute. It prohibits employers from retaliating against employees for disclosing information (or because the employer believes the employee may disclose information) that they have reasonable cause to believe shows a violation of a state or federal statute, rule, regulation, or noncompliance with a local, state, or federal rule or regulation. This protection applies regardless of whether the disclosure is made internally or externally. It also protects employees who refuse to participate in illegal activities.
Other California Statutes: Various other California laws provide specific whistleblower protections within certain industries or for reporting particular types of violations (e.g., health and safety, environmental).
Federal Whistleblower Laws: Numerous federal laws also offer robust protection against retaliation for whistleblowers, often with their own reporting mechanisms and remedies. These include:

- Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report fraud or securities violations.
- Dodd-Frank Act: Offers protections and potential monetary awards for whistleblowers reporting violations of securities laws to the SEC.
- False Claims Act (FCA): Protects individuals who report fraud against the U.S. government and allows them to potentially share in any recovered funds (qui tam actions).
- Occupational Safety and Health Act (OSHA): Protects employees who report workplace safety violations.

Wrongful Termination: The Ultimate Retaliation Against Whistleblowers

When an employer fires an employee because they blew the whistle on illegal or improper conduct, an employee may have a claim for wrongful termination in violation of public policy and be protected by specific whistleblower protection laws. Employers may attempt to disguise such a retaliatory termination by citing false or pretextual reasons, such as sudden poor performance, “restructuring,” or minor policy infractions.

While termination is the most extreme form of retaliation, other adverse actions against whistleblowers are also illegal and can sometimes create an intolerable work environment leading to a “constructive discharge” (where the employee is forced to resign). These actions can include demotion, harassment, isolation, denial of promotions or raises, or unfavorable reassignments.

Examples of Whistleblower Wrongful Termination:

An employee at a pharmaceutical company reports to the FDA that their employer is falsifying drug trial data. Shortly thereafter, the employee is terminated for alleged “insubordination.”
A city government employee internally reports that a manager is misusing public funds. Following an internal investigation that substantiates the report, the employee who made the report is laid off due to “budgetary constraints,” while their duties are absorbed by others.
An engineer at a manufacturing plant informs their supervisor about violations of environmental regulations. After the supervisor dismisses the concerns, the engineer reports the violations to the EPA. Weeks later, the engineer is fired for “not being a team player.”

What to Do If You Are a Whistleblower Facing Termination (or Have Been Terminated):

If you have blown the whistle on misconduct and are now facing potential termination, or have already been fired:

Carefully Document Your Disclosures: Keep detailed records of the misconduct you observed, when, how, and to whom you reported it. Retain copies of any written reports, emails, or other communications related to your whistleblowing activities (if permissible and ethical to do so).
Preserve Evidence of Retaliation: Keep all documents related to your job performance (especially positive reviews prior to your whistleblowing), any disciplinary actions taken against you after your report, and your termination notice. Note any changes in your employer’s behavior towards you after your disclosure.
Understand the Specific Whistleblower Laws That May Apply: Different whistleblower statutes have different reporting requirements, procedures, and statutes of limitations.
Contact Brightwood Law Group, PC, Immediately: Whistleblower retaliation cases are highly complex and require a thorough understanding of the applicable laws. An attorney experienced in whistleblower protection can advise you on your rights, the strength of your potential claim, and the best course of action.

How Brightwood Law Group, PC Protects and Represents Whistleblowers

At Brightwood Law Group, PC, we honor the courage of whistleblowers and are committed to vigorously defending them against unlawful retaliation and wrongful termination. We provide:

Confidential and Comprehensive Case Assessment: We will carefully evaluate the details of your whistleblowing activity and your employer’s response to determine the applicability of various state and federal protections.
Strategic Guidance on Reporting (Where Appropriate): In some situations, we can advise on how to make disclosures in a way that maximizes your legal protections, though our primary role is often addressing retaliation that has already occurred.
Aggressive Pursuit of Wrongful Termination Claims: We are experienced in litigating retaliatory discharge cases on behalf of whistleblowers, fighting to hold employers accountable.
Maximizing Your Recovery: We seek all available damages for our whistleblower clients, which may include lost wages and benefits, compensation for emotional distress, punitive damages to punish and deter employer misconduct, attorneys’ fees, and, where applicable under specific statutes like the False Claims Act, a share of any government recovery.

Retaliation can take many forms; see our general Employee Retaliation Page for more.

Fired for Exposing Wrongdoing? Stand Up for Your Whistleblower Rights.

If you have been terminated or faced other retaliation after reporting illegal or unlawful conduct by your employer, you are not alone, and you have powerful legal protections. Contact Brightwood Law Group, PC today for a confidential consultation to discuss your whistleblower case. We are here to protect those who protect the public interest. Call us at (310) 895-9075 or fill out our online contact form.