Los Angeles Whistleblower Lawyer
If your employer retaliated against you for whitleblowing, that is illegal in Los Angeles and California at large. This action is protected and if you are working up the courage to come forward against your employer or have already done so and are experiencing retaliation an experienced Whistleblowing attorney in your corner will help you in your fight.
As Whistleblower lawyers, we protect anyone who is brave enough to come out against their employers!
Whistleblowing involves the public disclosure of wrongdoing, usually by an employee. Retaliation by an employer is a key factor involved in whistleblowing, which is why a number of laws and statutes, both at the federal and state level, have been enacted to protect whistleblowers. Also, whistleblowing is considered valuable to the public interest as it can reveal information necessary for the punishment of crimes about which authorities or officials would otherwise remain unaware.
Laws Governing Whistleblowing Vary
Unites States law contains a wide variety of regulations and statutes which address whistleblowing. This mixed bag of legislation generally condemns retaliation from employers motivated by an employee reporting fraud, misconduct, safety violations, non-compliance or other unlawful behavior.
When an employee is discharged for whistleblowing, the issue of at-will employment arises. The at-will employment doctrine allows an employee to terminate employment for any reason at any time. It basically means that absent an employment contract with provisions dictating otherwise, there are no specific durations of employment guaranteed in states which abide by the doctrine.
However, the employment at-will doctrine is not without exception. In fact, the doctrine contains public policy exceptions which include at-will whistleblowing employees. These public policy exceptions have been carved out by courts and legislations and vary from state to state in their application.
Twenty of the laws addressing whistle blowing are enforced and governed by the Occupational Safety and Health Administration (OSHA). These include the Occupational Health and Safety Act, the Clean Air Act, Section 402 of the Food Safety Modernization Act and Section 1558 of the Affordable Care Act (Obamacare). These laws cover employer retaliation in the form of a number of adverse personnel decisions including blacklisting, denying overtime and promotion, suspension, and intimidation.
Whistleblowers Also Protected from Discrimination
Many of the laws concerning whistleblowing employees also prohibit discrimination as a result of a whistle blower’s act of reporting or highlighting information about an employer’s misconduct. For instance, the California False Claims Act prevents employers from making rules that would discriminate against an employee “because he or she has discloses information to the government.” A Whistleblower Lawyer can help you fight back if you have been discriminated against or terminated from your job due to this protected action.
Whistleblower Protection Act of 1989
One of the main federal laws enacted to protect whistleblowing employees working within the federal government is the Whistleblower Protection Act of 1989. The act contains specific provisions outlining matters that must be proven in order for a federal employee to bring a successful whistleblowing claim:
The employee made a protected disclosure
That he or she reasonably believed showed misconduct or violation of the law, rule or regulation
Some form of retaliation occurred
That was directly connected to the protected disclosure.
At the Law Offices of Jake D. Finkel we are whistleblower lawyers who have a track record of protecting employees who do the right thing and report their employers for illegal or unethical business practices.
Because whistleblower law can be complex and varied, a qualified attorney well-versed in whistleblowing law is critical. Whether you are considering blowing the whistle and need reliable advice about the protection provided by law or your career has been adversely affected by whistleblowing activity, the Law Offices of Jake D. Finkel are standing by to assist you with the legal expertise you need to successfully resolve your issue.