{"id":4306,"date":"2023-06-22T15:25:04","date_gmt":"2023-06-22T15:25:04","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=4306"},"modified":"2023-06-22T15:25:04","modified_gmt":"2023-06-22T15:25:04","slug":"protecting-whistleblowers-legal-safeguards-and-support-for-speaking-up","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/protecting-whistleblowers-legal-safeguards-and-support-for-speaking-up\/","title":{"rendered":"Protecting Whistleblowers: Legal Safeguards and Support for Speaking Up\u00a0"},"content":{"rendered":"

In 2022, there were 2,815 reported cases of whistleblowing, most of which were with OSHA. A whistleblower is a person who reports fraudulent, abusive, corrupt, or dangerous activities with an agency, business, or employer. Typically, that whistleblower is an employee or contractor, but it doesn\u2019t have to be. A client, passerby, or person unrelated to a business can be a whistleblower if inappropriate actions or behaviors are witnessed.<\/span>\u00a0<\/span><\/p>\n

There are dozens of whistleblower laws throughout the U.S. In addition to federal laws, there are also state and local whistleblower laws. We\u2019ve compiled a list of California whistleblower laws.<\/span><\/p>\n

Know the Important Whistleblower Laws in California<\/span><\/h3>\n

\u00a0<\/span>Federal laws always apply in California, but there are also laws specific to the state. Explore some of the whistleblower laws that protect California whistleblowers.<\/span>\u00a0<\/span><\/p>\n

The Federal Whistleblower Protection Act<\/span><\/a><\/p>\n

Federal employees and job applicants for federal positions are protected from whistleblowing. If the employee found that the federal agency was spending funds in a wasteful manner, violating laws and regulations, endangering the public, or abusing authority, that employee can and should report it. The whistleblower\u2019s right to speak up is protected. Plus, you\u2019re allowed to submit the complaint and request your identity be kept private.<\/span><\/p>\n

California False Claims Act<\/span><\/a><\/p>\n

\u00a0<\/span>In California, the Attorney General has the authority to bring action against a person or company who lies on documents, applications, or in statements and is caught through the help of whistleblowers. Whistleblowers are allowed to file the complaint with the state and are entitled to any financial recovery. At the same time, the False Claims Act protects the whistleblower from retaliation.<\/span>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

As an example of when this is useful, suppose a company sells a miracle diet pill to California consumers, but an employee of the company has proof that the company knows they\u2019re making false claims. That employee can use the California False Claims Act to stop their employer from lying to consumers.<\/span><\/p>\n

California Government Code Section 8547.1<\/span><\/p>\n

This is the official California Whistleblowers Protection Act for government workers or officials. Employees working for state agencies or offices are free to report abuse of authority, fraud, legal violations, threats to the public\u2019s health, and government waste.<\/span><\/p>\n

If a campaign volunteer found that an elected politician was using campaign donations to purchase personal items, the volunteer can report the politician and be protected from retaliation.<\/span><\/p>\n

California Labor Code Section 1102.5<\/span><\/p>\n

Labor Code 1102.5 Privileges and Immunities makes it illegal for an employer or some form of agent for that business or agency from incorporating, creating, or enforcing any rules or policies that keep employees from whistleblowing. This includes whistleblowing to any employees, management, government agencies, and law enforcement professionals during any investigation, inquiry, or court hearing.<\/span><\/p>\n

\u00a0<\/span>It doesn\u2019t matter if the information that an employee shares is part of their job and not meant to be shared. Whistleblower rules enforce the right to provide information against another employee and the company, business, or agency.<\/span>\u00a0<\/span><\/p>\n

An employer cannot punish or retaliate against that employee for whistleblowing. If they do, the employer faces penalties of as much as $10,000 per violation and can be forced to pay the whistleblower\u2019s legal fees.<\/span>\u00a0<\/span><\/p>\n

The Dodd-Frank Wall Street Reform and Consumer Protection Act<\/span><\/a><\/p>\n

\u00a0<\/span>The Dodd-Frank Act ended bank and financial institution bailouts and protected the nation\u2019s consumers from abusive practices in the financial sector. It was established after the 2007-2008 crash and recession.<\/span><\/p>\n

One of the aspects of Dodd-Frank is the Sarbanes-Oxley whistleblower program. It provides whistleblowers with a financial reward of up to 30% when the whistleblower\u2019s complaint leads to a litigation settlement.\u00a0<\/span><\/p>\n

When a major credit card company started using tactics to keep merchants from being able to use their own processing companies to save fees, the Dodd-Frank Act helped the merchants who reported the policies. It led to a finding against the credit card company, thus saving consumers and stores a lot of money on credit card processing fees.<\/span><\/p>\n

OSHA Whistleblower Laws<\/span><\/a>\u00a0<\/span><\/p>\n

OSHA enforces almost two dozen whistleblowing statutes and protects the whistleblower from retaliation. The range of protections and deadlines for filing are as follows. We\u2019re not including all of the protections as there are so many.<\/span><\/p>\n