Medical malpractice occurs when a person sustains an injury due to the negligence or medical
Employees are protected by law against retaliation for lawful acts done in the performance of his obligations and the pursuance of his rights. This is applicable in whistleblowing cases, wherein a worker informs authorities of his employer’s illegal acts. In California, if you are a whistleblower, you are protected by law from retaliation against your employer. If you are being harassed, discriminated against or even wrongfully terminated or fired for exercising your legal right to report to proper authorities the illegal conducts of your employer, you have a right to seek damages against your employer for whistle blowing violation.
As a victim of whistleblowing violation, you can claim compensation for all your damages and losses, ranging from your unpaid wages and benefits to remuneration for the pain and suffering and other consequent damages you sustained as a result of your employer’s retaliation against you. However, you should be aware that not all complaints about unlawful behavior of your employer are considered as whistleblowing. If you are aware of your employer’s illegal acts and you report this to your co-worker or if you rumor monger against your employer without basis and not with the proper authorities who have the power or mandate to investigate your employer’s acts, technically these are not acts of blowing the whistle against your employer and, hence, you may not be protected by laws on whistleblowers.
To make sure that you are acting within the bounds of whistleblowing laws, you should seek help from Mesriani Law Group’s expert Whistleblower violation attorneys in Los Angeles who have decades of experience in handling all kinds of employment and labor law violations in California.
What to Do in Case of Whistle Blowing Law Violations?
Whistleblowing happens when an employee informs the proper authorities or government agencies of his employer’s illegal acts. In California, all employees who report the illegal acts of their employers are protected by whistleblowing laws from being retaliated against by their employers.
Under the “California Whistleblower Act” the law entitles state auditor to accommodate complaints from state employees and members of the public who reports any unlawful governmental activity. Hence, if you discovered that your employer is doing something wrong or illegal, you have the obligation to report these illegal acts to the proper authorities. In doing so, you have the right to be protected against your employer in case he gets mad and gets back at you for reporting him to the authorities.
If you complained about your employer against the proper government authorities and you are harassed or discriminated against by your employer after this act, then you are a victim of whistleblowing law violation.
Acts Constituting Whistle Blowing Violations
If you have been discriminated against or harassed or not given the right benefits you deserve after:
- Having reported your employer’s illegal acts with the proper authorities; or
- Having participated in an ongoing investigation against your employer;
You have an option to file a claim with the government agencies to obtain your right compensation and other remuneration or even file a case in court for your labor law issues. These claims are not limited to back wages, unpaid benefits and remuneration for your pain and suffering and other economic and non-economic losses.
Hurdles Why Whistleblowing Violations Are Not Reported
It is not easy to spot harassment or discrimination as means of whistle blowing violation. However, even if some of the employees recognize their predicament, they are unable to protect themselves at work for the following reasons:
- Lack of resources – some employees want to file claims or cases against their employers. However, they don’t have the financial capacity to pursue their demands and claim damages against their employers who obviously have the financial resources to frustrate their claims; or
- Fear of retaliation – most employees, on the other hand, are afraid that they will be singled out more, harassed further or even terminated if they file a case against their employers for violation of whistle blowing laws.
Penalty for Whistleblowing Law Violations
California law provides that if an employee testifies or aids in any manner an investigation conducted by the proper authorities, then the employee is protected against retaliation from the employer. This position is cemented by federal laws, to curtail this kind of maltreatment against employees. Verily, under federal law, specifically the Sarbanes-Oxley Act, any person who “interferes with” the employment or livelihood of an employee for providing any truthful information to legal authorities relating to the commission or possible commission of any federal offense can be imprisoned for up to 10 years, and pay a fine up to $250,000.00. Aside from the foregoing, the guilty employer will have to pay all the consequent damages the employee victim incurred as a result of the violation.
As you can see, you have ample protection against retaliation by your employer from state and federal laws. It is up to you to be brave and fight for your rights at work with the help of expert employment and labor law attorneys who can protect you even against big corporations in providing you with the best compensation you deserve.