When ordinary people step up and speak out about fraud, misconduct, or unlawful activity at work, they do an honorable service that benefits everyone. Unfortunately, many whistleblowers are more likely to face backlash than receive admiration for their actions from their employers.
If you have witnessed misconduct at work and are considering coming forward, a whistleblower lawyer in San Francisco can help you understand your rights and protect you from unjust retaliation. The attorneys at King & Siegel LLP respect and celebrate the bravery of whistleblowers who stand up and speak out for the good of all. Our team advocates for employees who courageously report fraud, safety violations, discrimination, and other unlawful practices.
To learn more about how the law provides retaliation protection for whistleblowing, contact a King & Siegel LLP San Francisco whistleblower attorney, today.
What Do Whistleblowers Do?
A whistleblower is an employee who reports illegal, unethical, or unsafe practices within their workplace. These reports could be made internally within the company, to a government agency, or through a formal whistleblower lawsuit. Examples of misconduct that whistleblowers might report include:
- Fraud—overbilling, falsifying records, or financial misrepresentation;
- Workplace safety violations—ignoring state or federal health and safety regulations or perpetuating unsafe working conditions;
- Discrimination and harassment—illegal treatment based on race, gender, disability, or other protected characteristics;
- Environmental violations—illegal waste dumping, pollution, or other practices that threaten environmental or public health;
- Healthcare fraud—overcharging Medicare/Medicaid or performing unnecessary procedures; and
- Government contract fraud—companies that misuse public funds or overbill government agencies for services.
Overall, whistleblowers play an important role in helping to ensure that employers follow the law and protect the public from fraudulent or dangerous conduct.
Is Whistleblowing a Crime?
Not at all. Whistleblowers are not criminals. They are heroes who make society better for all of us.
Multiple state and federal laws protect employees who report illegal or unethical behavior. These laws shield whistleblowers from retaliation and provide legal avenues for compensation if they face adverse consequences for reporting misconduct.
Some laws that protect whistleblowers in California include:
- The False Claims Act. This federal law allows whistleblowers to file qui tam (i.e., private citizen) lawsuits on behalf of the government to recover funds lost due to fraud. Whistleblowers with successful claims can receive a financial reward for their actions.
- California Labor Code. California law prohibits employers from retaliating against employees who report state or federal law violations. This also applies to employees who refuse to participate in illegal activity at work.
- California Whistleblower Protection Act. This law protects state employees from retaliation for reporting government fraud or abuse.
- Sarbanes-Oxley Act. This act safeguards employees of publicly traded companies who report securities fraud to the Securities and Exchange Commission (SEC) or other authorities.
- Dodd-Frank Act. Under this federal law, employees who report securities violations and financial fraud can receive retaliation protections. In some cases, whistleblowers may also be able to receive monetary rewards.
These laws ensure whistleblowers can report wrongdoing without fear of unlawful termination, harassment, or discrimination. If an employer retaliates, the whistleblower can seek legal remedies.
Understanding Retaliation Protection for Whistleblowers
Aside from financial compensation, the False Claims Act provides retaliation protection for whistleblowers. This means that employers cannot harm or penalize the whistleblower because of their disclosure.
The courts refer to significant acts of retaliation as “adverse actions.” Adverse actions encompass a wide variety of situations.
Some of the most common adverse actions include:
- Being fired or demoted;
- Receiving threats or harassment;
- Losing important work tasks or access to certain information;
- Facing workplace discipline, like suspension, reprimands, and counseling;
- Receiving extra work or tasks; and
- Being exposed to demeaning verbal comments (like being called a “snitch” or “rat”).
These are only a few of the more common forms of workplace retaliation against whistleblowers, but there are many others. It’s also essential to thoroughly document any instances of adverse actions you believe to be retaliation, as these records may become critical evidence in a retaliation case.
If you are experiencing what you think is whistleblower retaliation and need a whistleblower law firm, San Francisco King & Siegel can help. T take action. Contact an experienced whistleblower attorney right away.
Who Qualifies as a Whistleblower?
Not everyone who reports workplace misconduct qualifies as a whistleblower under the law. Each whistleblower protection statute has specific criteria that an employee must meet to receive legal protections.
Any individual or organization that investigates or reports a violation of the False Claim Act is considered a “relator” (or whistleblower) under the Act. The most common whistleblower scenario involves an employee of a private company who makes disclosures about wrongdoing by that company.
For example, to qualify for whistleblower protection under the False Claims Act, an individual needs to report wrongdoing that targets the United States government. Reporting fraud against another private citizen would not count. Whistleblowers must also demonstrate that their reports are grounded in substantial evidence and not motivated by personal grievances.
Fraudulent actions that fall under the False Claims Act include things like:
- Overcharging the government for a product or service;
- Submitting a claim for payment to the government that makes false statements or certifications;
- Providing the government with defective or marginal products and then demanding full payment; or
- Fraudulently applying for a government contract.
Different federal and California-specific whistleblower laws will have different standards. If you are unsure whether you qualify for retaliation protections, an experienced whistleblower lawyer in San Francisco can evaluate your case and guide you through the legal process.
What Does a San Francisco Whistleblower Attorney Have to Prove to Win My Case?
To prevail in a False Claims Act case, the qui tam plaintiff must prove three things:
- They engaged in protected activity. Protected activity can include not only reporting a False Claims Act violation but also investigating a potential violation.
- Their employer (or another party) took adverse action against them. As we stated before, “adverse action” is a broad term that includes just about every form of negative workplace action.
- The adverse action was motivated in part or completely by the protected activity. This means you can win your case even if your employer shows it had other reasons for taking action against you besides your protected activity.
Meeting these criteria requires careful documentation and skilled legal advocacy. If you prevail in your case, you can receive many forms of relief. Potential damages you can recover include back pay, restoration of your position, damages for emotional distress and your reputation, and your legal costs.
What Should I Do If I’ve Faced Whistleblower Retaliation at Work?
If you suspect you’ve experienced backlash at work because of your whistleblowing, you can protect yourself by taking the following steps:
- Document everything. Make a record of the incident of retaliation, detailing what happened, where and when it happened, and any witnesses involved. Save copies of any text messages, emails, or other communications and documentation of your whistleblowing, e.g., copies of emails or complaints sent to government regulators or other authorities.
- Report the retaliation. Inform someone in a position of authority that you’re facing whistleblower retaliation. This could be your company’s HR department or an external state or federal agency.
- Contact an attorney. A San Francisco whistleblower lawyer is the best resource to help you understand your rights, legal options, and how to protect yourself from further backlash.
Workplace retaliation can leave you feeling intimidated and paralyzed about what to do next. However, it’s crucial not to wait too long to act. Whistleblower retaliation claims are subject to strict deadlines, i.e., statutes of limitation. Your statute of limitations can vary depending on the specific law that applies to your claim. Some claims must be filed within months, while others allow more time. Consulting with an attorney at a San Francisco whistleblower law firm
as soon as possible ensures that you don’t miss important deadlines that could impact your ability to recover damages.
Need a Whistleblower Lawyer? San Francisco Whistleblower Attorneys Advocates at King & Siegel Offer the Legal Representation You Need
Blowing the whistle is a scary thought for many employees. Yet whistleblowers should never fear retaliation for their brave actions because the law protects them. In fact, a whistleblower can receive significant financial compensation for their disclosures.
The law also entitles them to compensation for any losses they suffer because of whistleblower retaliation. But if you are considering filing a qui tam lawsuit or are experiencing whistleblower retaliation, you need legal help.
Contacting a qualified and experienced San Francisco whistleblower lawyer is crucial to protecting your career and well-being.
When You Need the Best Whistleblower Law Firm, San Francisco Advocates at King & Siegel Will Fight for You
Here at King & Siegel, we have an outstanding team of San Francisco whistleblower lawyers dedicated to protecting those courageous souls who become whistleblowers. We recognize that whistleblowers do their country and fellow citizens a tremendous service when they bring fraudulent acts to light. And we believe they deserve nothing but the best legal representation.
Our team has many years of legal experience protecting whistleblowers throughout the state and an excellent track record with our clients. Take a moment to learn about some of the amazing successes we’ve had for our clients. Even if you’re unsure about moving forward with a lawyer, contact us today. We provide free and confidential case reviews for all potential clients. You can also reach out to us online.
Our experienced legal team also handles other types of employment law cases, including cases surrounding:
- The Equal Pay Act,
- Sexual Harassment,
- Medical & Disability Leave,
- Stock Disputes,
- Wrongful Termination,
- Wage & Hour Violations, and
- Workplace Retaliation.
No matter the complexity of your case, our attorneys are ready to fight for your rights with the dedication and compassion you deserve. Let us guide you through every step of the legal process, ensuring your voice is heard and your interests are protected.