How to Identify and Prove Whistleblower Retaliation in Los Angeles

What is Whistleblower Retaliation and How Can I Identify It?

Whistleblower retaliation refers to any adverse action taken by an employer against an employee who has reported illegal or unsafe practices within the organization. Adverse action can include events like termination, demotion, harassment, or any other form of discrimination that negatively impacts the employee’s job or work environment.

In Los Angeles, and indeed the whole of California, whistleblower retaliation is illegal under both state and federal laws. These laws protect employees who disclose information about their employer’s violation of state or federal statutes, or violations of or noncompliance with local, state or federal regulations. Notably, most whistleblower statutes require only that the employee have a good faith belief that the conduct is illegal. This protects and encourages whistleblowers to come forward without fear that they may be mistaken about the law and not protected.

Identifying Whistleblower Retaliation

Identifying whistleblower retaliation can sometimes be challenging, as it often manifests in subtle ways. However, there are several signs that may indicate retaliation. These include:

• Sudden change in job duties: If your responsibilities have been reduced or you’ve been reassigned to a less desirable position or location, it could be a sign of retaliation.
• Negative performance reviews: If you’ve suddenly started receiving poor performance reviews after blowing the whistle, especially if your previous reviews were positive, this could be indicative of retaliation.
• Hostile work environment: If you’re being isolated, ignored, or harassed by your superiors or colleagues, it could be a form of retaliation.
• Termination or demotion: If you’ve been fired, demoted, or denied a promotion after reporting wrongdoing, it’s a clear sign of retaliation.

What Steps Should I Take if I Suspect Whistleblower Retaliation?

If you suspect you’re a victim of whistleblower retaliation, it’s essential to take immediate action. Here are some steps you can take:

• Document the retaliation: Keep a detailed record of all incidents that you believe constitute retaliation. This includes any changes in your job duties, negative performance reviews, or any form of harassment or discrimination you’ve experienced.
• Report the retaliation: Report the retaliation in writing to your supervisor or human resources department. If they fail to address the issue, you may need to escalate your complaint to a higher authority within the organization or perhaps an external agency.
• Consult with an attorney: An experienced attorney can help you understand your rights, evaluate your case, and determine the best course of action.

What Evidence is Needed to Prove Whistleblower Retaliation and What are the Potential Remedies?

Proving whistleblower retaliation can be complex, but it’s not impossible. Here are some steps you can take:

• Document everything: As mentioned earlier, keep a detailed record of every incident, including dates, times, locations, people involved, and what was said or done. This can serve as crucial evidence.
• Save all communication: Emails, text messages, and other forms of communication can serve as evidence of retaliation. Be sure to save these.
• Gather witnesses: If your colleagues are willing to testify on your behalf, their testimonies can strengthen your case.
• Show a causal connection: To prove retaliation, you must show that your employer’s adverse action was a direct result of your whistleblowing complaint. This can be demonstrated by the timing of the retaliation or through evidence of your employer’s knowledge of your whistleblowing.

Potential Remedies for Whistleblower Retaliation

If you’ve been a victim of whistleblower retaliation, you may be entitled to various remedies under California law. These can include:

• Reinstatement: If you were fired as a result of whistleblowing, you could be reinstated to your former position.
• Back pay: You may be entitled to back pay for any wages lost due to the retaliation.
• Front pay: You may be awarded pay for estimated future wages you will continue to lose as a result of being terminated or demoted.
• Other Damages: You could be awarded damages for emotional distress, harm to your reputation, and other losses you’ve suffered.
• Attorney’s fees: In some cases, you may be able to recover attorney’s fees and costs associated with your case.

What Laws Protect Whistleblowers in California and What Role Does the California Division of Labor Standards Enforcement Play?

In California, several laws offer protection to whistleblowers. The California Whistleblower Protection Act protects state employees who report waste, fraud, abuse of authority, violation of law, or threat to public health. The California Labor Code Section 1102.5 protects employees who disclose information about their employer’s violation of state or federal statutes, or violations of or noncompliance with a local, state or federal rule or regulation.

Additionally, the California False Claims Act protects employees who disclose information about their employer’s false claims or fraud against the state government. The Occupational Safety and Health Act (OSHA) also protects employees who report workplace safety or health hazards.

The Role of the California Division of Labor Standards Enforcement

The California Division of Labor Standards Enforcement (DLSE) plays a crucial role in enforcing whistleblower protections. If you believe you’ve been retaliated against for whistleblowing, you can file a complaint with the DLSE. They will investigate your claim and, if they find merit, they can take action against your employer.

However, navigating the complaint process can be complex and time-consuming. An experienced attorney can help you file your complaint, gather evidence, and represent your interests during the investigation.

How Can an Experienced Attorney Help?

If you believe you’ve been a victim of whistleblower retaliation, an experienced attorney can help you navigate the complex legal landscape. They can guide you through the process of gathering evidence, filing a complaint, and pursuing a lawsuit if necessary. They can also help you understand your rights and options, and advocate for you every step of the way.

Retaliation is not just unfair–it’s illegal. And you have the right to speak out without fear of reprisal.

If you’ve experienced retaliation for whistleblowing, call Odell Law, PLC today at 949-771-8173 for a free consultation. An experienced attorney can provide the support and representation you need to protect your rights and hold your employer accountable.