Employee Law Group - Whistleblower

Blow the whistle: California laws protect whistleblowers against retaliation

Ask around, and you will probably hear a story or two about a friend or relative who’s been asked to do something shady—maybe even illegal—at work. Or perhaps you have a story to tell. It’s a pretty common experience.

We’re talking about things like being required to work off-the-clock, asked to change a coworker’s timecard to trim off time, reusing soiled disposable materials, removing safety equipment from machinery, or falsifying records on a loan application or a patient’s chart. This sort of thing happens all the time when the company cares more about profits than the people who work for them and the people they serve. Unscrupulous bosses get away with it by threats, spoken or unspoken, that the employee who resists might soon be unemployed.

A lot of people who are put in that uncomfortable position reluctantly go along with it. After all, saying “no” can cost you your job, and your landlord won’t accept “I did the right thing” instead of the rent.

But you might not have to lose your self-respect to keep your job.

Laws protecting whistleblowers in California

California has many laws that protect whistleblowers against retaliation, including demotion, cutting back hours or wages, and even termination. These laws make it illegal for your boss to punish you for refusing to break the law or reporting coworkers who did. And a recent decision by the California Supreme Court makes those laws even stronger.

In Lawson v. PPG Architectural Finishes, decided in January 2022, the Court ruled that the employees don’t have to prove that they were fired only because of the whistleblowing but that it was a contributing factor. This changes decades of legal interpretation that gave the employer a chance to say that there was some other lawful reason to justify firing the whistleblower. If they could show any decent reason, the worker was out of luck. Anyone but a squeaky-clean employee would have a hard time winning against those odds.

This new ruling is great news for workers who have had to grit their teeth and silently watch bad things happen for fear of losing their paycheck.

How to protect yourself before and after whistleblowing

At Employee Law Group, we have handled dozens of whistleblower cases and helped our clients recover wages and benefits taken from them because they tried to do the right thing. So if you’re currently in a job where you are sick and tired of watching laws get broken, workplace safety rules get violated, or patient care get sacrificed so the boss can cut corners and make a few more dollars, or if you’ve been punished for complaining about any of these things, you can come to us for experienced, personal legal guidance.

Here are a few important things you should do before and after you blow the whistle:

• Document the violations as much as you can if you’re able. Keep copies of documents or take photos of the situation that you believe is breaking the law.
• Make your complaints in writing. Use email or texts and keep a copy for yourself. If you use a work email, bcc your personal email address. If you get fired, your boss will lock you out of your work email, and those emails will be lost unless you keep a separate copy.
• If you are asked to participate in an illegal act, you can say no—the law protects you from retaliation for refusing to take part. If you feel like you have no choice and will lose your job if you don’t go along with it, complain in writing: “I’m upset that I was forced to [do something I think is illegal]. I should not have to break the law to keep my job.” This will help prove that you were not a willing participant.
• If the violation is serious enough, contact the proper authorities. Whether you complain to HR, a government agency, or the police, the law protects you. If the illegal act puts your safety or someone else’s at risk, a quick call to the local police, the medical board, or Cal/OSHA could save a life—and your conscience.
• Once you’ve made your complaint, keep track of every unusual occurrence that feels like punishment. Did you get taken off a project? Were your hours cut? Were you denied a promotion? Is your boss suddenly singling you out for harsh criticism and discipline? Have you suddenly found yourself getting called into HR for minor offenses that everyone else gets away with? All of these are acts of retaliation, and they are illegal.

An important thing to remember in all of this is that HR is not there to protect you—they work for the company and want to keep their jobs, too. So, if you complain to HR, keep a record, just like you would in any other situation. You don’t want to find yourself in court facing a witness who just can’t seem to remember the many, many times you told her that you were upset about the illegal things happening on the job, but you have no proof.

Another important thing: if it feels like they’re creating a “paper trail” to justify firing you, they probably are. As soon as you feel you’re getting pushed out the door, call Employee Law Group. You need an experienced legal guide to help you find the path to your best result. That means knowing what to say and who to say it to… and what not to say.

Keep your job—and your conscience

If you believe your boss is retaliating against you because you refused to participate in illegal activity or you called them out for doing the wrong thing, get in touch now.

You don’t have to break the law to keep your job. Backed by three decades of experience, we can help secure the damages you deserve. Schedule your confidential consultation now.