Irvine Whistleblower Retaliation Attorneys

Irvine Whistleblower Retaliation Attorneys

Our Irvine attorneys understand that it is never easy to speak up against an injustice in the workplace. California has strong laws in place to protect whistleblowers, so that employees can speak up against any harmful, discriminatory, or unlawful situations in the workplace. These laws make it illegal for an employer to retaliate against an employee for speaking up and protesting.

Our Irvine employment attorneys have decades of experience representing employees who have blown the whistle and spoken up. Our Orange County attorneys offer free, no-risk consultations to review your case, and discuss the potential claim you may have for compensation. It is important that you get in touch with an attorney that is experienced in workers’ rights under both Federal and California laws.

Our whistleblower lawyers are available 24/7 via phone and email, and have an office located in Irvine to address any of your concerns you may have regarding your claim.

Who Are Whistleblowers?

“Whistleblower” describes an employee who has spoken up in protest against any fraudulent or illegal conduct in their workplace. If your employer treats you differently after you’ve voiced concerns about any fraudulent conduct, you may have a claim against them. Contact us today to review your case!

Examples of violations that whistleblowers might protest include:

• Violations of environmental laws
• Sexual harassment
• Discrimination

California Whistleblower Laws

California law protects whistleblowers who:

• Report any fraudulent or illegal activity conducted by their employer to a government agency
• Report any employment wage and hour violations
• Report any tax fraud committed by the employer
• Report a regulatory violation to a supervisor within the company
• Report any environmental law violations and/or labor law violations
• Report any wasteful violations to the California State Auditor

What is whistleblower retaliation? 

When an employee reports any potentially illegal activity, the employer cannot discriminate in retribution. If, as a result of making such a report, an employee begins to experience discrimination in the workplace, that person has a claim for retaliation. If you suspect that you may be the victim of poor treatment as a result of speaking up, contact our Orange County attorneys immediately. Examples of this type of retaliation include:

• Reducing the employee’s pay
• Firing the employee 
• Denying the employer promotion
• Reducing the employee’s work hours
• Excluding the employee from work-related activities
• Failing to train the employee
• Demoting the employee
• Giving negative performance reviews in reaction to whistleblowing
• Transferring the employee
• Denying the employee access to professional credentials

What Type of Compensation Can I Receive for My Whistleblower Retaliation Claim in Irvine?

If you’ve faced retaliation after exposing misconduct or illegal activities at your workplace in Irvine, California, you may be entitled to various forms of compensation. Whistleblower protection laws are designed to safeguard employees who report unethical or unlawful practices, and if these rights are violated, there are financial and non-financial remedies available.

Here are some types of damages and compensation you might be eligible to receive through a whistleblower retaliation claim:

1. Back Pay

Back pay compensates employees for lost wages due to retaliation, covering the period from when the retaliatory actions began to when the lawsuit is settled. This can include any wages, bonuses, or benefits you would have received had the retaliation not occurred. ABC7 News has reported several cases in California where whistleblowers successfully recovered substantial back pay, underscoring the importance of these protections.

2. Health Care Benefits

Retaliation can sometimes lead to the loss of employer-sponsored health insurance. Compensation for lost health benefits can be awarded, ensuring that any additional medical expenses incurred as a result of the retaliation are covered. This aspect of compensation acknowledges that health insurance is a vital part of employment benefits and losing it can have significant financial and personal consequences.

3. Loss of Career Opportunities

Retaliation can affect your ability to grow in your career, sometimes leading to missed promotions or blocked professional advancements. Compensation for lost career opportunities acknowledges that retaliation can damage an employee’s professional future and seeks to rectify these losses.

4. Lost Wages

In addition to back pay, you may be eligible for compensation for any future lost wages if retaliation led to termination or forced resignation. This compensation aims to cover the income you would have earned in the years following the retaliation. Reports by NBC LA have highlighted cases where California whistleblowers received substantial compensation for lost wages due to wrongful termination.

5. Pain and Suffering

Retaliation often comes with emotional and psychological burdens, such as stress, anxiety, and depression. Compensation for pain and suffering is designed to account for the emotional impact of workplace retaliation, providing financial relief for the mental toll experienced.

6. Pension and Retirement Benefits

If retaliation disrupts your career to the point of affecting your pension or retirement plan, you may be entitled to compensation that covers the loss of these long-term benefits. This type of compensation is crucial, as it recognizes that retaliation can have lasting effects on financial security beyond immediate income.

7. Punitive Damages (Rare)

In some instances, courts may award punitive damages to penalize employers for particularly malicious or egregious acts of retaliation. While punitive damages are rare, they serve as a deterrent for employers who may consider retaliating against whistleblowers. For a closer look at cases where punitive damages have been awarded, check out similar stories covered by Fox11 News.

Frequently Asked Questions

Q: How long does it take to settle a whistleblower retaliation claim?
A: The timeline for resolving a claim varies, often depending on the complexity of the case and the willingness of the parties to negotiate. Some cases are resolved in a few months, while others may take years if they go to court.

Q: Do I need an attorney to file a whistleblower retaliation claim?
A: While it’s possible to file a claim on your own, an experienced attorney can greatly enhance your chances of receiving fair compensation by navigating the complex legal landscape and advocating on your behalf.

Each whistleblower case is unique, so it’s crucial to consult with a knowledgeable attorney to understand the potential damages in your specific situation. This guidance can help you determine what compensation you may be entitled to under California’s whistleblower protection laws and ensure that your rights are protected.

Federal Sarbanes-Oxley Act

The Sarbanes-Oxley Act is a federal law that allows California employees to sue their employers in federal court in response to retaliation for reporting on illegal activity. This allows employees to file a claim against their employers if they work for a publicly traded company.

If you or a loved one believe you have experienced, contact our Irvine retaliation attorneys today to see how we can assist you with your claim. It is important to get into contact with an experienced labor law attorney immediately since filing a claim with the United States Secretary of Labor must be done within 180 days of the retaliatory incident.

What Happens If My Whistleblower Report Was Incorrect?

Reporting misconduct or illegal activities within the workplace can be a difficult decision. Many employees worry about the potential repercussions, especially if the information they provided turns out to be incorrect. If you’ve filed a whistleblower report against your employer based on suspected illegal practices but later discovered you were mistaken, you may wonder if you’re still protected.

The good news is that both federal and state whistleblower protection laws safeguard employees who report suspected wrongdoing in good faith. This means that even if your claim is ultimately incorrect, you remain protected as long as you genuinely believed that a violation occurred.

Are Whistleblowers Protected If Their Claims Are Wrong?

Yes, whistleblower protection laws cover individuals who report suspected illegal practices, provided they had a reasonable belief that a violation occurred. This protection ensures that employees can speak up without fear of retaliation, even if their report turns out to be inaccurate. Federal statutes, like the Whistleblower Protection Act, and various state laws emphasize that good faith is the key requirement, not absolute accuracy.

For example, if you witnessed unusual financial transactions and believed they might indicate fraud, reporting them—even if it was later shown there was no fraud—would still fall under these protections. Learn more about these protections from recent updates on NBC Los Angeles which outline employees’ rights under whistleblower statutes.

What Is “Good Faith” in Whistleblower Reporting?

To qualify for whistleblower protections, your report must be made in “good faith.” This means you had a reasonable basis to believe that your employer’s actions were illegal. Good faith protects employees who act on their concerns sincerely, even if they lack complete evidence. Importantly, whistleblower laws don’t require you to be correct—just to have an honest belief in the wrongdoing you reported.

What Types of Retaliation Are Prohibited?

Employers cannot retaliate against employees for whistleblowing. Retaliation can include a range of negative actions, such as:

• Job termination
• Demotion or denial of promotions
• Reduction in pay or work hours
• Creating a hostile work environment

For further information on how whistleblower protections work in California, visit ABC7’s coverage of recent whistleblower cases.

Can I Face Legal Consequences if My Report Was Incorrect?

In general, employees acting in good faith will not face legal consequences, even if their whistleblower report is incorrect. This protection prevents employees from fearing retribution or legal challenges simply for raising concerns. However, intentionally filing false reports or making accusations out of malice does not qualify as protected activity and may result in disciplinary action.

To explore more on whistleblower rights and the importance of accurate reporting, review the guidelines available on Fox 11’s legal resource section.

Q&A Section

Q: What should I do if I realize my whistleblower report was incorrect?

A: If you believe your report was incorrect, it’s generally best to remain transparent with your employer or consult with a legal advisor. However, as long as your initial report was made in good faith, you should still be protected under whistleblower laws.

Q: Are there any specific protections for federal employees?

A: Yes, federal employees have specific protections under the Whistleblower Protection Act, which prohibits retaliation against employees who report suspected legal violations within federal agencies.

Understanding your rights as a whistleblower is essential, especially if you suspect misconduct. If you’re considering reporting a potential violation, make sure to review both federal and state guidelines to ensure your protection.

Contact Our Whistleblower Retaliation Lawyers Today

Get into contact with our Irvine employment law attorneys today to determine the different rights and protections you may have against your employer. There are several laws in place, both on the federal level and on the state level that protect an employee from speaking up against their employer. We make sure that our clients’ interests are protected, and we are available 24/7 to answer any questions or concerns that you may have regarding your whistleblower claim.

Our attorneys work on a contingency basis, which means that you do not have to pay for our attorneys upfront unless we win compensation in your favor. Contact us today to set up a free no risk consultation.

How can you prove whistleblower retaliation in Irvine?

There are elements that a whistleblower retaliation attorney must have to prove for asserting a whistleblower retaliation claim. These elements include:

• The employee engaged in a protected activity: this protected activity is reporting any illegal misconduct the employee reasonably believed was occurring at the workplace
• The employer then began to discriminate against the employee as a result of the report

False Claims Act Damages

If a whistleblower reports any government violations, and that report is proven to be accurate, the government provides the whistleblower a portion of the proceeds resulting from prosecution for the act reported. This is considered a qui tam lawsuit. This type of lawsuit can be complex, which is why it is very important that you contact an Irvine employment law attorney immediately. You could receive 15 to 25% of the government’s recovery in a qui tam lawsuit.

UC Irvine Whistleblower Retaliation Case

A recent whistleblower retaliation case occurred in 2019 when a UC Irvine neuropsychiatrist named Mark Linksey was awarded nearly two million dollars. While teaching neurological surgery at University of California, Irvine, Linskey reported to the government his concerns about patient safety as well as potential conflicts of interest that UC Irvine had.

Because Linskey spoke up against this employer’s misconduct, they retaliated against him by moving him into another department. The employer also worked to make sure that nobody assisted Linskey when he moved to that new department.

We have decades of experience representing residents from the Orange County area with their whistleblower protection claims. Other than whistleblower retaliation, our attorneys are also experienced in several other types of employment law, including discrimination, wrongful termination, and LGBTQ discrimination.

If you have been mistreated, contact us today.

Our attorneys serve all of the Orange County and its cities including:

Orange, Irvine, Newport Beach, Anaheim, Santa Ana, Costa Mesa, Huntington Beach, Laguna Beach, Fullerton, Tustin, Mission Viejo, Garden Grove, San Clemente, Westminster, Buena Park, Dana Point, Yorba Linda, Lake Forest, Laguna Niguel, Bria, Fountain Valley, San Juan Capistrano, Aliso Viejo, Cypress, Laguna Hills, Rancho Santa Margarita, La Habra, Seal Beach, Los Alamitos, Ladera Ranch, Placentia, Laguna Woods, Villa Park, Stanton, La Palma, Midway City,  Rossmoor, Los Flores, Rancho Mission Viejo, etc.