What Is A Whistleblower Claim?

A whistleblower claim arises when an employee is terminated or retaliated against for reporting the employer’s violation or noncompliance with a constitutional, statutory or regulatory law or provision. For example, if an employee is terminated shortly after reporting that her supervisor is overcharging clients, the terminated employee will most likely have an actionable whistleblower claim. To prove a whistleblower claim, you must show you reported your employer’s violation of a constitutional, statutory or regulatory law or provision and your employer subjected you to an adverse employment action (i.e., termination) because of you reported the unlawful activity.

Do I Have To Report The Illegal Activity To A Government Agency In Order To Prove My Whistleblower Claim?

The answer is “no.” The report of unlawful activity can be made to either a government agency or the employer. Therefore, if you report the illegal activity to your supervisor and you are terminated as a result of your report, you will most likely have an actionable whistleblower claim.

Do I Have To Prove My Employer Violated The Law In Order To Prove My Whistleblower Claim?

The answer is “no.” You can prevail in a whistleblower claim if you prove you have a reasonable suspicion that a violation of a constitutional, statutory or regulatory provision occurred. Therefore, even if it turns out you were wrong about your suspicion of unlawful activity, you may still have a claim if your suspicion was reasonable.

What Should I Do If I’ve Been Subjected To Retaliation Because I Reported Unlawful Activity By My Employer?

Whistleblower claims can be complex so it is important that you hire an experienced attorney to help you through the process. Brock & Gonzales specializes in employment litigation, including whistleblower claims. If you have been subjected to retaliation because you reported unlawful activity by your employer, please do not hesitate to contact our office to set up a free consultation

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Wrongful Termination

Most employees in California are considered "at-will," meaning an employer can terminate their employment at any time and for any reason. Despite an employee's at-will status, California law allows an employee to bring a wrongful termination claim when...

Wage and Hour Violations

"Wages" are what an employer has promised to pay for an employee’s work. Wages could be an hourly rate, a yearly salary, commissions, travel time, housing, uniforms, vacation or sick pay. Discretionary bonuses or profit-sharing plans based on an employer’s profits are generally not considered wages.

Sexual Orientation Discrimination

It is unlawful sexual orientation discrimination when an employer terminates, demotes or fails to hire a person on the basis of that person’s sexual orientation. Sexual orientation includes heterosexuality, homosexuality and bisexuality, as well as gender identity and expression.

Sexual Harassment

There are two types of sexual harassment under the law. 1. Hostile work environment harassment - This type of harassment occurs in situations were there is unwelcome sexual conduct that creates and intimidating, hostile or offensive working environment. 2. “Quid pro quo” harassment - This type of harassment occurs when a job or a job benefit is conditioned upon sexual favors. In the typical case, an employee is promised better treatment, such as a promotion, transfer, raise or favorable recommendation, if the employee submits to sexual advances. It could also occur when a supervisor threatens an employee with termination, demotion or loss of other job-related benefits if the employee does not agree to sexual favors.

Severance Agreements

If you are laid off or terminated from your job, your employer may offer to pay you money or promise to do certain things when you leave the company. In exchange, you will most likely have to sign a document agreeing not to ever bring a claim against your employer in the future. That document is called a "severance agreement."

Retaliation

More than likely, a retaliation claim will be proved through circumstantial evidence, which may include...

Religious Discrimination

In California, it is unlawful for an employer to terminate, demote or refuse to hire any person on the basis of that person’s religion or is because that person is associated with someone i.e. spouse or family member who is a member of a particular religion - to do so is religious discrimination.

Race Discrimination

Race discrimination occurs when an employer treats an employee differently on the basis of the employee's race or the employee's association with a person of a particular race, i.e. the employee's spouse.

Medical Condition Discrimination

Medical condition discrimination occurs when an employer treats an employee with a covered medical condition differently in the workplace, or when an employer terminates an employee on account of their medical condition. Covered medical conditions include cancer, history of cancer, medical conditions related to cancer and genetic characteristics.

Meal and Rest Break Violations

Whether you are entitled to meal and rest breaks depends on whether you are an "exempt" or a "nonexempt" employee. Only nonexempt employees are entitled to meal and rest breaks. Typically, if you are paid a hourly wage or have no managerial responsibilities, you are a nonexempt employee and therefore entitled to meal and rest breaks.

Whistleblower Claims

What Is A Whistleblower Claim?

Do I Have To Report The Illegal Activity To A Government Agency In Order To Prove My Whistleblower Claim?

Do I Have To Prove My Employer Violated The Law In Order To Prove My Whistleblower Claim?

What Should I Do If I’ve Been Subjected To Retaliation Because I Reported Unlawful Activity By My Employer?

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