Have you seen your employer violate a state or federal law? Were you disappointed about a supervisor’s response to an illegal company policy? Do you believe that the company you work for is violating other workers’ rights? If so, you can pursue a whistleblower claim in hopes of affecting positive change in your workplace and obtaining monetary compensation.
A King & Siegel LLP, Sacramento whistleblower attorney can help you blow the whistle on your employer’s illegal conduct and any other parties involved through qui tam lawsuits. We can help you understand your rights and pursue an effective whistleblower claim. And because we also handle other employment law matters, we can protect your employment rights throughout the process. Contact us today.
What Constitutes “Whistleblowing”?
“Whistleblower” is a term used to describe a private citizen who calls out a company for engaging in illegal conduct or violating a state or federal regulation. While whistleblowing doesn’t always involve an employee who blows the whistle, that is often the case because employees have inside information that is not accessible to the general public.
Employees may blow the whistle on their employer or any other individual or business they learn is engaging in illegal activity. For example, the following are all types of whistleblower cases:
- Data privacy and security violations,
- Insurance fraud violations,
- Tax evasion,
- Medicare fraud and waste,
- Government contractor violations, and
- Employment law violations.
If you believe that your employer is violating the law, King & Siegel LLP can help explain your options.
Is Whistleblowing a Crime?
No, whistleblowing is not a crime. In fact, whistleblowing refers to reporting another party’s violation of the law. However, whistleblower claims may—but don’t necessarily need to—allege an employer’s criminal conduct. Some whistleblower claims are based on criminal violations such as healthcare fraud, while others simply raise employment law violations. In short, whistleblowers report crimes and other violations committed by companies who are often their employers.
If you’re considering reporting your employer’s misconduct, taking the following proactive steps can help protect you from retaliation:
- Document everything. Keep detailed records of the misconduct, including dates, times, and names of individuals involved. Save emails, memos, and other evidence on personal devices to ensure access if your employer restricts company resources.
- Maintain confidentiality. Until you formally file your claim, avoid discussing it with colleagues who may inadvertently or intentionally share information with management.
- Consult an attorney. Engaging an attorney early ensures you understand your rights and obligations under applicable laws. Legal counsel can also assist in drafting your complaint to strengthen its credibility.
Taking these steps helps build a strong case and minimize the risk of inadvertent mistakes that could jeopardize your claim. Careful planning can make all the difference in the outcome of your whistleblower case.
How Are Whistleblowers Protected?
Whistleblowers are protected under the California Whistleblower Protection Act. The Act prohibits employers from retaliating against an employee who brings an employer’s misconduct to light through a whistleblower lawsuit. As long as an employee makes a whistleblower claim in good faith, their employer cannot retaliate against them.
In this context, retaliation includes termination. However, employers cannot take any adverse employment action against an employee due to their whistleblowing activities. For example, this means an employer cannot do any of the following because an employee blew the whistle:
- Terminate an employee;
- Demote a worker, either in seniority or pay level;
- Threaten to report a worker or their family to immigration authorities;
- Deny a worker access to training or job-advancement opportunities; and
- Deny a worker access to the resources they need to do their job.
Most employers are well aware of the prohibition against retaliation. Thus, an employer who wants to get rid of a whistleblower typically does so under the guise of a “legitimate” reason. However, courts are willing to second-guess an employer’s stated reason for the action taken against an employee if there is circumstantial evidence that the employer’s true motivation was to retaliate. Thus, if your employer retaliated against you after you reported a workplace violation or you fear reporting your employer’s illegal conduct, a Sacramento whistleblower attorney at King & Siegel can help.
Federal Whistleblower Protections
While California offers robust protections under its Whistleblower Protection Act, employees should also be aware of federal safeguards. The federal Whistleblower Protection Act (WPA) protects federal employees from retaliation when reporting government misconduct. Similarly, private sector employees may be covered under the Sarbanes-Oxley Act (SOX), which addresses corporate fraud, and the Occupational Safety and Health Act (OSHA), which protects workers reporting safety violations. Understanding which laws apply to your case can help protect your rights. For example, whistleblowers in the financial services industry often rely on SOX protections to address securities fraud.
The interplay between state and federal protections can sometimes be complex. Consulting with an experienced Sacramento whistleblower lawyer ensures you leverage the most applicable laws for your situation.
The Psychological Toll of Whistleblowing
Becoming a whistleblower often entails significant emotional and psychological challenges. Employees who blow the whistle may experience stress, anxiety, and fear of retaliation, even when the law protects their claims. Many individuals also feel isolated, especially if colleagues distance themselves out of fear of being implicated or targeted. Additionally, whistleblowers may face public scrutiny or feel guilty about exposing misconduct, particularly if the employer is a small or family-run business. Recognizing these challenges, legal counsel often recommends connecting with support groups or therapists specializing in workplace trauma to help manage these emotions.
It is important to note that whistleblowers play a crucial societal role by promoting accountability and justice. Their courage often leads to significant policy or procedural changes within organizations, benefiting employees and the public.
Whistleblowing in the Gig Economy
The rise of gig economy platforms like Uber, DoorDash, and TaskRabbit has introduced unique whistleblowing challenges. Gig workers, often classified as independent contractors, may hesitate to report misconduct because they lack traditional employee protections. However, courts and lawmakers increasingly recognize that misclassification can unfairly deprive workers of rights. In California, the passage of AB 5 highlights the state’s commitment to reclassifying gig workers as employees in some cases, enabling them to blow the whistle without fear of retaliation. Whistleblowing in these contexts often involves exposing wage theft, unsafe working conditions, or fraudulent practices.
The evolving legal landscape surrounding gig economy workers highlights the need for vigilant advocacy. A King & Siegel whistleblower lawyer familiar with these industries can play a pivotal role in empowering these workers to seek justice.
How Do Whistleblower Claims Work?
Typically, a whistleblower claim starts off when a private citizen, often an employee, notices a business engaging in illegal conduct. This person is called a “relator.” The relator gathers evidence of the misconduct and presents it to the government. The government reviews the relator’s case to determine if it wants to intervene. If the government intervenes, it handles the case from that point on. However, if the government elects not to intervene, the relator can still proceed with the case on their own.
If the relator’s case results in the government recovering money, the relator is entitled to a percentage of the recovered amount. While recovery percentages can vary, relators generally require a higher percentage in those cases where the government does not intervene (because the government doesn’t need to expend as many resources).
Whistleblower claims are very common. In fact, according to the United States Department of Justice, of the $2.2 billion recovered by the federal government in 2021, $1.6 billion involved whistleblower claims.
Resources for Whistleblowers
California whistleblowers can access resources through the California Labor Commissioner’s Office and national organizations like the National Whistleblower Center. These entities provide educational materials and legal assistance to empower individuals pursuing justice.
In addition, organizations such as the Government Accountability Project (GAP) and Public Employees for Environmental Responsibility (PEER) focus on whistleblower advocacy, offering tailored guidance for reporting in fields like public safety, environmental protection, and healthcare. Whistleblowers can also explore the Office of the Whistleblower Protection Program (OWPP) under OSHA for sector-specific assistance, particularly regarding workplace safety violations. These tools and networks provide invaluable support, ensuring whistleblowers are not navigating these challenges alone.
If you are unsure about your next steps, the team at King & Siegel LLP is here to help. Our experienced Sacramento whistleblower attorneys can guide you through the process, connect you with relevant resources, and help you build a strong case to protect your rights.
Do You Need a Sacramento Whistleblower Attorney?
Strictly speaking, there is no legal requirement that you retain the assistance of a whistleblower lawyer. However, whistleblower cases often involve a variety of complicated issues that make it best to consult with an attorney early on in the process. For example, whistleblower attorneys can help you contextualize your employer’s actions under the current state of the law to determine if they were, in fact, illegal. Lawyers also help with collecting all the documents you need to substantiate the illegal conduct and also assist in presenting your claim to the government.
Finally, an experienced Sacramento whistleblower attorney can also determine if your claims are protected under state or federal law. This is important because the last thing you want is to open the door for your employer to terminate you or take other adverse employment action against you.
Do You Have Knowledge of Your Employer’s Illegal Conduct?
Whether it’s ensuring taxpayer dollars do not go to waste or calling employers out on illegal employment law practices, whistleblowers play an important role in society. If you have knowledge of your employer’s illegal conduct, contact the Sacramento whistleblower attorneys at King & Siegel LLP to schedule a free consultation. We are immediately available to discuss your case and provide you with an honest assessment of your options. Our lawyers have handled hundreds of whistleblower claims on behalf of California workers and look forward to seeing how we can help you. To learn more and to schedule a free consultation, call us today. You can also reach us through our online contact form.
Our experienced attorneys handle other types of cases as well, including:
At King & Siegel LLP, we understand that stepping forward as a whistleblower can be daunting. That’s why our dedicated team takes the time to address your concerns, explain the process, and outline potential outcomes. We aim to empower you with the confidence to pursue justice, knowing you have experienced legal professionals in your corner.
Choosing the Right Sacramento Whistleblower Lawyer Can Make All the Difference
We Get Results
We go toe-to-toe with employers to get you the compensation you deserve.
Free, No-Strings-Attached Consultations
All consultations are 100% free. Not sure you have a case? That’s fine. We’re happy to learn more about your situation and point you in the right direction.
Clients Always Come First
We understand that our clients trust us with their most personal and critical legal issues. We do not take this responsibility lightly. You are not just a number to us.
We Are Passionate About What We Do
We started King & Siegel because we believe that the same aggressive, skilled, and passionate litigation tactics we learned at big firms could and should be available to workers and consumers in their most critical legal moments—when you are harassed, assaulted, demoted, fired, defrauded, or exploited by the institutions you rely on.
Our Firm is Dedicated to Excellence
We graduated from top-five law schools, including Harvard and NYU, and trained at the country’s biggest and best litigation firms. As contingency attorneys, you don’t pay us unless you win, which means our incentives are 100% aligned. We win if you win. It’s that simple.
Additional Resources
Federal Whistleblower Protection Act (WPA). Link
Sarbanes-Oxley Act (SOX). Link
Occupational Safety and Health Act (OSHA). Link
Government Accountability Project (GAP). Link
Public Employees for Environmental Responsibility (PEER). Link
Office of the Whistleblower Protection Program (OWPP). Link
CA Statute AB-5. Link
California Labor Commissioner’s Office. Link
National Whistleblower Center. Link