I Was Fired After Reporting My Boss: Understanding Whistleblower & Retaliation Protection Under California Law

If you have come forward as a whistleblower reporting something that your boss did, you have a number of protections under Federal and California law. The San Bernardino County employment attorneys at The Skapik Law Group can fight for your rights if they were violated.

Not only is it illegal for your employer to fire you because you are a whistleblower, There are a number of other prohibited actions that they may take. You can file a civil lawsuit against your employer after you have exhausted other administrative options. However, you would need to prove a causal nexus between your report of misconduct and the action that your employer took against you.

Reach out to a San Bernardino employment law attorney at The Skapik Law Group to learn whether you have a potential lawsuit. We can review the facts and circumstances of your case and help you determine your legal path forward.

You Are Protected as a Whistleblower

California law is clear about the public purpose of encouraging whistleblowers to come forward and protecting them once they do. Effective regulation often depends on people from the inside reporting what they see when it violates the law. Accordingly, the law makes whistleblowers a protective class of employees who are not allowed to be discriminated against or subject to retaliation.

The linchpin of California law is the definition of whistleblower. The term covers an employee who reports:

• A violation of a state or federal statute
• A violation or noncompliance with a local, state or federal rule or regulation
• With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment

One does not even need to put the information into the public realm to be considered a whistleblower. You are entitled to whistleblower protections when you report any violation internally, including to your boss or someone else who has the power to investigate.

Your protection as a whistleblower applies to much more than simply not being fired. Of course, if you are wrongfully terminated because of your status as a whistleblower, you can take legal action. There are other ways that an employer may retaliate against you that could be a violation of the law. For example, an employer could do the following:

• Downgrading your ratings on your performance evaluation
• Denying you job benefits that you would otherwise qualify for
• Denying you a promotion that you were in line for
• Making your employment so intolerable that you feel that you have no choice but to quit

In any of these circumstances, you could file a lawsuit for whistleblower retaliation or discrimination. However, you would need proof that your employer’s actions were for an illegal purpose. They would never admit that they are taking retaliatory action against you because you have come forward, forcing you to rely on circumstantial evidence.

How to File a Claim for Whistleblower Retaliation

There are numerous laws that give you a pathway to filing a claim or lawsuit for whistleblower retaliation. Depending on the nature of your circumstances, you could file a complaint under federal or state law. Although there is no one unified national whistleblower protection law, there are facets of certain specific laws that may allow you to file a lawsuit. For example, if you are reporting corporate misconduct, you could qualify for whistleblower protection under the Sarbanes-Oxley Act.

California state law also allows you to come forward. California law is often broader than Federal statutes. For example, under California law, you may qualify for protection when you are making a report of any violation of state or federal law (as opposed to the specific statutes covered under federal law). In addition, federal law may only protect those who have made reports of misconduct to government agencies, while California law protects those who may have made internal reports to those who have the power to investigate misconduct.

California law may require you to first file a complaint with a relevant state agency before you can file a lawsuit in court. Under the law, you must first exhaust your administrative remedies before you can take action in a lawsuit. If you do file a court case, you would need to prove the following elements to win:

• You engaged in protected action
• You were subject to retaliation
• There was a casual connection between the two

An experienced employment attorney can review your case and help determine whether you have a potential lawsuit.

Contact a San Bernardino County Employment Law Firm Today

If you have come forward with reports of misconduct, and you believe that your employer has taken action against you, reach out to an experienced San Bernardino County employment lawyer at The Skapik Law Group today. You can schedule a free initial consultation with an employment attorney by calling us today at (909) 398-4404 or by messaging us through our website.