What Legal Protections Exist for Whistleblowers in Irvine’s Tech Industry?

The Increasing Problem of Whistleblower Retaliation

We all know the familiar phrase, “If you see something, say something.” It’s a simple rule that reminds us to speak out when we see something that just doesn’t seem right. Unfortunately, doing so seems to be a hazardous decision in the “Big Tech” world. So, what legal protections exist for whistleblowers in Irvine’s tech industry?

Fortunately, there are many. However, employers sometimes fail to recognize this reality. Whistleblower retaliation is a problem in all industries, but it’s particularly prevalent in tech. One recent article even declared, “To Truly Hold Big Tech Accountable, Whistleblowers Need Better Protections.” Still, you don’t have to wait for added protections to defend your rights.

You can take action based on the laws and protections that already exist. These include the following.

California Whistleblower Protection Act

Whistleblower retaliation was a problem long before California’s tech boom. However, things have certainly gotten worse. Big Tech is big money, and some people are willing to do anything in the name of profit — including breaking the law. Fortunately, the California Whistleblower Protection Act (CWPA) provides direct safeguards for whistleblowers in the Irvine tech industry.

The CWPA provides protections for employees who report suspected violations of state and federal regulations, rules, and statutes to company management, law enforcement agencies, or government regulators. Under the law, employers are prohibited from retaliating against employees who make these good faith reports — or those who refuse to engage in actions that they believe would violate federal or state laws.

California False Claims Act

The California False Claims Act (CFCA) was passed in order to encourage reports of wrongful or illegal activities. The CFCA focuses on reporting fraud committed in relation to government programs and contracts. For instance, many employers lied about retaining workers during COVID-19 in order to secure government funds. Reporting this would be a protected act under the CFCA.

The California False Claims Act is an essential legal protection for whistleblowers in Irvine’s tech industry. It gives employees the security of knowing that they cannot be retaliated against for reporting suspected fraud involving state funds. Even better, the law provides monetary rewards if the report results in the recovery of misappropriated funds.

California Labor Code Section 98.6

California is one of those states that is ahead of the curve in many respects. This is particularly true when it comes to workers’ rights, and nowhere is this more clear than in the California Labor Code. Section 98.6 of the code provides protection for those who have faced wrongful termination or other adverse actions for reporting violations of the code.

This legal protection for whistleblowers in the Irvine tech industry is particularly important. This is due to the unique nature of companies in the technology space. Employers sometimes violate wage and hour laws, mistreat temporary workers, and even use discriminatory algorithms. Fortunately, you’re protected if you report these or similar violations.

California Consumer Privacy Act

When someone mentions the California Consumer Privacy Act (CCPA), employee protections are probably the last thing on their mind. After all, how can a statute created for consumers provide worker protections — much less safeguard Irvine tech employees from whistleblower retaliation? As it turns out, this landmark law does have implications for these workers.

The CWPA has a primary focus on data privacy. Employers must abide by these rules — and this is of particular importance in the tech industry. After all, nearly everyone has given their most personal information to these companies. To protect this data, the CCPA provides protections for whistleblowers who report non-compliance with data privacy laws.

Federal Whistleblower Protections

California provides a variety of whistleblower protections for Irvine tech employees. However, it’s not just our state that recognizes the importance of protecting whistleblowers. There are also a variety of laws on the federal level that safeguard employee rights. This should make it clear just how important the government considers whistleblowers to be in our country.

The following are the federal statutes under which most whistleblower complaints are brought:

• Sarbanes-Oxley Act: This law offers protections to employees of publicly traded companies and any of their subsidiaries. Employees are protected from retaliation for reporting fraud of SEC rule violations. 
• Dodd-Frank Act: This federal law offers protections for whistleblowers who report securities law violations to the Securities and Exchange Commission (SEC). Information that leads to successful enforcement actions can result in a financial reward for the whistleblower. 
• False Claims Act: Like the state counterpart in California, the federal False Claims Act protects and incentivizes whistleblowers who raise concerns about fraud within federal government programs.

In the Irvine tech industry, whistleblower protections are critical. Companies in this space are always fighting to get on top, and in many instances, this results in violations of state and federal law. If you believe you’ve been retaliated against for raising concerns about such violations, it’s critical that you understand how to take advantage of these protections. 

Utilizing Whistleblower Protections in the Irvine Tech Industry

If you believe your employer violated state or federal laws by retaliating against you, it’s important to understand your rights. Clearly, there are a variety of protections provided by statutes in California and on a national level — but it’s important to understand that the mechanisms of relief can vary depending on the circumstances of your case.

Put simply, it’s important to recognize which laws may provide protection in your situation. For instance, retaliating against an employee for reporting data privacy issues would violate the California Consumer Privacy Act, but the Dodd-Frank Act wouldn’t be applicable to the situation. To understand which laws you may be protected under, it’s important to seek legal counsel.

At Odell Law, PLC, we will use the legal protections for whistleblowers in the Irvine tech industry to fight for your rights. Contact us at 949-833-7105 to schedule your free consultation.