One way that California stands out among the 50 states is through its whistleblower protection act. The California Whistleblower Protection Act (CWPA) is a crucial piece of whistleblower retaliation legislation that provides unique protections to would-be whistleblowers. However, the CWPA differs from federal whistleblower acts in several ways. We’ll cover the main provisions of the CWPA and how it protects the rights of whistleblowers.
If you think you may be a whistleblower under the CWPA or federal law, you should immediately seek legal advice. Contact one of our dedicated whistleblower lawyers in Los Angeles today for your whistleblower complaint.
What Is the California Whistleblower Protection Act (CWPA)?
The California Whistleblower Protection Act (CWPA) is a state law enacted several decades ago to safeguard employees who disclose information about illegal activities or unethical workplace conduct. In addition, the CWPA endows the California State Auditor with the authority to investigate reports of improper government actions.
The CWPA provides retaliation protection to all state employees who file a complaint against their employer. Specifically, it prohibits any state official or employee from retaliating against any employee who reports improper activity. Retaliation includes intimidation, denial of promotion or appointment, threats of adverse action, poor performance evaluations, involuntary transfer, or disciplinary action. The CWPA’s protections extend not only to current employees but also to job applicants.
What Are Examples of Whistleblowing Under the CWPA?
Whistleblowing can take many forms, depending on the industry and type of employer. Here are a few situations that could be considered whistleblowing in the workplace:
- Reporting a supervisor for falsifying public records or time sheets,
- Disclosing an agency’s misuse of public funds or improper contract bidding,
- Refusing to engage in or facilitate environmental law violations,
- Notifying HR or an oversight body about safety hazards at a state-run facility,
- Alerting a manager about sexual harassment or discriminatory practices by a public employee, and
- Informing authorities about a public entity’s failure to follow state hiring regulations.
In each of these examples, the employee took steps to prevent, disclose, or oppose potentially unlawful or unethical behavior. The law rewards these actions with legal protections, but only if an employee makes the disclosure properly and in good faith.
Who Qualifies As a Whistleblower Under the CWPA?
Most of us have a general idea of what a “whistleblower” is. But under the CWPA, you must meet two specific requirements to be a whistleblower. First, you need to have reasonable cause to believe that there is:
- A violation of a state or federal statute;
- Failure to abide by a local, state, or federal rule or regulation; or
- Unsafe working conditions or work practices in your place of work.
Second, you need to provide this information to one of several people. Specifically, you need to disclose this information to:
- A government agency;
- A law enforcement entity;
- A supervisor, manager, or person with authority over the employer; or
- Another employee with the ability to investigate, discover, or correct the problem.
Besides those who report misconduct or illegal activities, anyone who declines to engage in an action that would violate a state or federal statute, as well as a local, state, or federal regulation or policy, falls under the definition of a whistleblower.
How Is the CWPA Different from Other Whistleblower Laws?
The California Whistleblower Protection Act differs from many other whistleblower statutes in several key ways. First, the CWPA applies specifically to state government employees in California. This is a narrower scope than federal statutes like the Whistleblower Protection Act of 1989, which applies to federal employees, or the Sarbanes-Oxley Act, which focuses on corporate whistleblowers in publicly traded companies.
Second, the CWPA protects both job applicants and current employees. This is significant because it acknowledges that retaliation can include discriminatory hiring practices, not just termination or demotion.
Third, the CWPA gives the California State Auditor investigative authority and allows employees to file complaints with multiple agencies, including the State Personnel Board and the California Labor Commissioner. By contrast, federal whistleblower laws often channel complaints through a single agency, such as the U.S. Office of Special Counsel or the Department of Labor.
Fourth, the CWPA does not require proof that a law was definitively broken. Instead, the whistleblower must only demonstrate a good-faith belief that a violation occurred. This requirement is more employee-friendly than some federal standards, which can be more rigid or require preliminary factual substantiation.
Finally, the CWPA’s legal remedies are tailored to California’s employment landscape. Remedies can include reinstatement, back pay, interest, and attorney fees. These state-specific remedies can sometimes offer broader or more efficient protection than federal alternatives.
Understanding these distinctions is vital when evaluating your rights. Lawmakers enacted the California Whistleblower Protection Act to ensure that state workers could speak up without fear of retaliation, even when the legal terrain is uncertain. A knowledgeable attorney can help you determine which law best protects you and how to proceed with strength and clarity.
What Is the California Whistleblower Protection Act Statute of Limitations?
One of the most important provisions of the CWPA is its statute of limitations, which sets a time limit for filing a complaint. The statute of limitations for filing a complaint under the CWPA is one year from the retaliation or adverse employment action date.
It is important to note that the statute of limitations is a strict deadline and cannot be extended. Therefore, it is crucial that potential clients who believe they have been subjected to retaliation for whistleblowing act quickly and seek legal advice as soon as possible.
What Happens If I Make a Whistleblowing Report Under the CWPA But Am Wrong?
Sometimes, a report made in earnest turns out to be incorrect. Fortunately, the CWPA does not require you to prove that your claim is ultimately substantiated. Instead, you only need a reasonable and good-faith belief that a violation occurred. This is because you shouldn’t need a law degree to make an internal complaint; you just need a basis for your belief that the conduct you’re complaining about is illegal or fails to comply with the employer’s legal obligations.
However, if a report is knowingly false, malicious, or made purely to harm a colleague, the employee may lose whistleblower protections and face legal consequences. This is why legal guidance is essential before you blow the whistle.
Why Should I Hire a Whistleblower Attorney?
Whistleblower laws are complex. In addition understanding the underlying legal violations, you need an attorney who handles employment law matters. Because whistleblower attorneys need to understand various types of laws and regulations, you should look for an attorney who specifically focuses on whistleblower representation.
A good lawyer will assess the strength of your claims and determine whether your employer’s conduct violates whistleblower laws. Then, they can file complaints with the appropriate government agencies on your behalf. Furthermore, a qualified lawyer can advise you on the steps to maximize your potential reward and help you understand what your case might be worth.
How Can a Whistleblower Attorney Help with a Claim Under the Whistleblower Protection Act in California?
Understanding your rights under the California Whistleblower Protection Act can feel overwhelming, especially if you are still processing what you have witnessed. A whistleblower attorney provides more than just legal representation; they can also offer strategy, discretion, and protection.
At King & Siegel LLP, your attorney will begin by listening to your story. No judgment—just the facts. From there, they will evaluate whether your concern qualifies under the Whistleblower Protection Act of California or another relevant state or federal statute. If you have already experienced retaliation, your attorney can begin developing a plan to help hold your employer accountable.
Overall, a whistleblower attorney can help:
- Identify protected activity and assess whether you have a claim under the CPWA;
- File a formal complaint with the California State Personnel Board, California Labor Commissioner, or the State Auditor’s office;
- Collect documentation, witness accounts, and evidence securely and confidentially;
- Shield you from retaliation by proactively notifying your employer that you have legal representation; and
- Negotiate or litigate your case in court if necessary.
By working with King & Siegel, you are not just hiring an advocate. You are partnering with a team that has recovered tens of millions for employees and has been recognized by Super Lawyers and the legal press across California. Your voice matters. Let us help you amplify it strategically.
Frequently Asked Questions About the CWPA
Can I Report Misconduct Anonymously Under the CWPA?
Yes. While anonymity can sometimes make investigations more difficult, California law allows employees to file anonymous complaints with the State Auditor. Your identity will be protected to the extent possible during the investigative process.
Does the CWPA Apply to Private Sector Employees?
No. The CWPA specifically protects public employees, including those working for state agencies or the University of California. However, other laws, such as those in the California Labor Code, may also protect private-sector employees.
What Kinds of Evidence Should I Collect Before Filing a Whistleblower Complaint?
Collect emails, performance evaluations, internal memos, photographs, written complaints, and documentation of retaliation (such as demotions or discipline) whenever possible. Consult a lawyer before collecting sensitive information to help ensure you comply with the law while doing so.
Can I File a CWPA Claim While Still Employed?
Yes. You don’t have to wait until you’re fired or demoted to file a complaint. Retaliation can take many forms, including poor evaluations, threats, or reassignments.
Will I Need to Testify in a CWPA Case?
You might. If your case proceeds to litigation or a formal hearing, you may be asked to provide testimony or a written declaration. Your attorney can help prepare you and may also identify alternative forms of supporting evidence.
Want to Learn More About the California Whistleblower Protection Act? King & Siegel LLP Is Ready to Help
As a whistleblower, you play a vital role in society by exposing wrongdoing and promoting fairness. However, in doing so, we know you often put your career, finances, and well-being at risk. At King & Siegel, we recognize the toll that whistleblowing can take on those brave enough to do it.
During a free initial consultation, we will carefully review the details of your case and help you understand your legal options. If filing a lawsuit is the best course of action, our experienced and successful team of attorneys will fight tirelessly on your behalf.
Don’t leave your future to chance. Let us help you safeguard your rights and hold your employer accountable for any wrongdoing. Schedule your consultation today by contacting us online or by phone.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.