Orange County Whistleblower Lawyer

Orange County Whistleblower Attorney

The unfortunate reality for many employees is that there can be significant repercussions for disclosing any wrongdoing by their employer. Some individuals find their employment status and livelihoods in jeopardy as a result of reporting evidence of legal violations by their employer to the authorities. If you or a loved one has been a victim of whistleblower retaliation, it’s imperative to consult with an experienced Orange County whistleblower lawyer.

At Aitken Campbell Heikaus Weaver, LLP, our experienced employment attorneys are committed to advocating for the rights of employees. We help our clients seek fair treatment and compensation for damages incurred from all types of employment cases. From sexual harassment to workplace discrimination, wrongful termination, and whistleblower retaliation, our team has successfully helped employees throughout Orange County defend their rights as employees.

What Exactly Is a Whistleblower?

Many employees are not completely certain of exactly what a whistleblower is, let alone what legal protections are in place to combat retaliation. According to the California Labor Code § 1102.5, the whistleblower retaliation law protects employees who disclose information to a governmental agency, a fellow employee with authority to investigate or who provides information to or testifies before a public body conducting an investigation, where the employee has reasonable cause to believe that the information disclosed is a violation of a state or federal statute.

For example, an employee who discovers their employer is engaging in unlawful activity and informs their supervisor of the activity and then is terminated for reporting the activity may have a Whistleblower claim under California law. If an employer is not paying their employees minimum wage or is engaging in discrimination against workers of a certain religion, you have the right to report these acts.

In short, a whistleblower is any employee who discloses information that they reasonably believe is evidence of wrongdoing, or a violation of laws or regulations, to the relevant authorities. It is against the law for employers to retaliate in any capacity against employees for legally exercising their rights or cooperating with authorities during an investigation.

Retaliation is not just termination—in fact, it can include firing or laying off an employee, demotion, denying a promotion or overtime, reducing pay or hours, and more.

How Do I Start a Whistleblower Complaint?

To start a whistleblower complaint, you must determine the appropriate agency with which to file your complaint. For instance, if you’re reporting OSHA violations, the first step in beginning a whistleblower complaint is filing an official complaint with your OSHA regional office or directly with the Department of Justice (DOJ). You may also report employment law violations to the California Civil Rights Department (CRD) for issues such as discrimination.

Reporting employment law violations to your employer is also a protected activity, although you should do so with written documentation. This way, you’ll have a paper trail proving your complaint.

Regardless of which option you choose to file your whistleblower complaint, it’s highly recommended that you consult with a reputable employment attorney who has direct experience handling whistleblower cases in California. They can ensure that you receive proper legal guidance as you navigate the various complexities of your unique case against your employer.

What Happens After You File a Whistleblower Claim?

After you have filed an official whistleblower claim, the relevant agency may evaluate the claim to determine whether it constitutes a good faith allegation of wrongdoing. Similar to other kinds of suits, there are several stages that must be completed, including a pre-hearing period where each party is able to conduct discovery and gather evidence, file motions, decide on a hearing schedule, and potentially engage in negotiations for a settlement.

Your employer may attempt to retaliate against you by taking actions such as demoting or firing you. In this case, it’s especially important to hire an attorney. They can help you prove the connection between your whistleblower complaint and the adverse employment action. With their help, you can seek compensation for the damages you sustained due to your employer’s retaliatory acts.

Consulting with an experienced Orange County whistleblower lawyer is paramount so that they can properly guide you throughout the entire legal process and ensure that every legal avenue is exercised with your interests in mind.

FAQs

Q: What Is a Whistleblower Lawsuit Worth?

A: Exactly what a whistleblower lawsuit is worth can vary significantly depending on a number of factors, such as the overall complexity of the case, the severity of the claim, and the size of the business involved. For example, minor infractions by a small to mid-sized business may result in a smaller settlement, whereas egregious violations committed by larger corporations can result in incredibly large settlements.

Q: What Qualifies as Whistleblowing?

A: Whistleblowing is defined as any disclosing of information that you reasonably believe is evidence of violating any law, regulation, or rule. It also includes complaints of any gross mismanagement, abuse of authority, gross waste of funds, or a danger to public health or safety. In other words, lawful whistleblowing occurs any time an individual provides evidence of wrongdoing to an authorized recipient.

Q: How Long Does a Whistleblower Case Take?

A: As with many other types of legal cases, the length of a whistleblower case can vary substantially based on numerous factors, including the overall complexity of the case, the severity of the claims, and whether or not the case goes to trial, along with others. If a trial is necessary, the timeline could be considerably longer.

Q: Who Investigates a Whistleblower Retaliation Claim?

A: The Office of Special Counsel (OSC) investigates certain whistleblower retaliation claims. The OSC is an independent federal agency responsible for receiving, investigating, and prosecuting any allegations of whistleblowing retaliation. They also maintain the authority to seek a temporary stay of a pending personnel action.

In certain cases, the OSC can share jurisdiction with the Department of Justice (DOJ) regarding whistleblower retaliation allegations involving employees of the Federal Bureau of Investigation (FBI) or DOJ. In California, certain state agencies may investigate whistleblower retaliation claims.

Contact a Trusted Orange County, CA, Employment Lawyer

Whether you have already filed a whistleblower complaint or are actively fearing retaliation from your employer, it’s critical that you contact a trustworthy employment lawyer with direct experience handling similar whistleblower retaliation cases in Orange County.

At Aitken Campbell Heikaus Weaver, LLP, our team works tirelessly to advocate for the rights of employees and ensure that those rights are upheld to the fullest extent of the law. We also construct aggressive defense strategies to secure the just compensation you deserve.

Give us a call today to schedule your initial consultation with our team. We can help you initiate your claim with confidence.