Protection Against Whistleblower Retaliation Claims

When an employer breaks California and/or federal laws, or it violates established public policies, workers have a legal right to report the unlawful actions – without the fear of retaliation. This is the primary objective of whistleblower legislation – to safeguard workers who take action to protect the public or warn law enforcement agencies about the illegal activity.  However, even with such strong public policy to protect whistleblowers, there are many instances in which an employee may be making a frivolous or false claim.

If you believe you are facing a false retaliation claim by an employee, take immediate action and contact the attorneys at the Knez Law Group, LLP. The employment attorneys at the Knez Law Group, LLP are particularly experienced in both prosecuting and defending against wrongful termination and whistleblower claims.  Each case is considered and analyzed for the particular merits of the claims.

The California Whistleblower Protection Act

In the State of California, the Whistleblower Act was established to protect the workplace rights of those who report employers for engaging in unlawful activities. Under the law, it is illegal for employers to retaliate against workers based on a whistleblower claim. Further, the law prohibits employers from enforcing any rules and/or regulations that disallow workers from working alongside police and investigative agencies when the worker has a reasonable cause to expose the employer’s illegal actions. The problem occurs when employees make false claims, or interpret certain actions as violations of the protection, when in fact the employers are within their legal rights. An employee’s misunderstanding could easily result in an investigation and potential lawsuit, and therefore, employers should be proactive to investigate and resolve any noticed or perceived grievance by the employee.

Protection at the Federal Level

Alongside state laws, there are also a variety of federal laws that work to protect whistleblowers from punishment by their employers for reporting unlawful activity. The problem for employers is that even these protections can be abused by employees. A few of these laws are:

• The Occupational Safety and Health Act
• The Sarbanes-Oxley Act
• The Whistleblower Protection Act

Available Damages Following a Wrongful Termination Case in California

The state’s wrongful termination laws offer protected workers three types of monetary compensation when they have been the victim of wrongful termination or workplace retaliation. These damages may motivate employees to pursue claims, even when they may have no merit or may be completely false. These monetary damages include:

Economic Damages – These are damages that can include tangible losses accrued by the employee, such as:

• Loss of income
• Loss of work opportunity
• Loss of benefits and bonuses

Non-Economic Damages – Non-economic damages are intangible losses that are difficult to enumerate. These are losses that include the emotional trauma or the loss of quality of life brought on to the worker as a result of the wrongful termination or retaliation.

Punitive Damages – These damages are awarded by a judge or jury who seeks to punish the employer for the unlawful actions. These damages are usually awarded to victims when their employer has committed a particularly heinous action against them. In turn, the judge or jury will attempt to deter similar actions from being committed by other employers against their employees.

Attorney Fees and Costs – Though these are not damages by technical definition, they warrant the same consideration when facing wrongful termination and retaliation claims, because plaintiff’s attorney’s fees can be extraordinary and inflated.  And it is generally known among employment litigators that a plaintiff who recovers even one dollar in damages for their whistleblower claim can recover their attorney’s fees and costs.

Obtain Experienced Employment Counsel Today

In the State of California, workers are safeguarded against employer retaliation following the report of an illegal action. When a worker feels that they have been wrongfully terminated or retaliated against following the report, the affected worker may seek damages, regardless if the claim is warranted. If you as an employer believe you are being targeted by a false claim, obtain the support of an attorney who will help you defend your business and its financial future. A dedicated attorney will help you assert your employer rights and defenses.

The attorneys at the Knez Law Firm, LLP are prepared to aggressively advocate on behalf of employers who have seen their rights impeded. The firm is proud to achieve successful outcomes on behalf of clients. To obtain a complimentary consultation, consider calling the attorneys at the Knez Law Firm, LLP today at (951) 742-7681.