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whistleblower retaliation
Generally, a "whistleblower" is one who reveals wrongdoing within an organization to the public or to those in authority. It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency when they have reason to believe that their employer is violating laws enacted for the protection of corporate shareholders, investors, employees, and the general public. It is also the intent of the California Legislature to protect employees who refuse to participate in activities of the employer that the employees believe would result in a violation of law. To this end, California has enacted laws prohibiting retaliation against employees who complain about or protest activity by their employer that they believe is a violation of law.
Prohibited employer conduct
Specifically, California law prohibits the following:
- An employer cannot make or enforce any rule or policy that prevents an employee from disclosing to a government or law enforcement agency information regarding activity the employee reasonably believes is a violation of state or federal law.
- An employer cannot retaliate against an employee for disclosing to a government or law enforcement agency information regarding activity the employee reasonably believes is a violation of state or federal law.
- An employer cannot retaliate against an employee for refusing to participate in an activity that would result in the violation of state or federal law.
- An employer cannot retaliate against an employee who exercised his or her rights under California law to be free from whistleblower retaliation in any former employment.
An employee who works for a government or law enforcement agency and makes an internal complaint about suspected unlawful activity within the agency is covered by the protections against whistleblower retaliation.
Reporting a wrongdoing in your company
The California Attorney General maintains a whistleblower hotline to receive information from employees regarding possible violation of state or federal law or violations of fiduciary responsibility by a corporation to its shareholders, investors, or employees. The Attorney General refers calls received on the hotline to the appropriate government agency for review and possible investigation. The Attorney General’s Whistleblower Hotline is 800-952-5225 (for California residents) or 916-322-3360 (for out-of-state residents). Written complaints may be filed with the Attorney General’s Office by writing to P.O. Box 94255, Sacramento, CA 94244-2550, or by using
the online form available at http://www.ag.ca.gov/consumers/mailform.htm.
Contact us
Boxer & Gerson’s employment law practice group has broad experience in litigating and resolving whistleblower retaliation cases. If you believe that your employer has retaliated against you for either complaining about or refusing to participate in activity that you believed was a violation of state or federal law, please call us at 510-835-8870 or click here to complete our contact form.
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