A whistleblower case involves an employee who reports illegal or unethical activities within their workplace. These cases exist to protect employees from punishment for coming forward with this kind of information. However, many whistleblowers face retaliation for reporting these wrongdoings.
Common forms of retaliation
Retaliation often comes in different forms, with employers or managers trying to punish or silence the employee. Some examples include job demotion, a salary cut, or giving the employee less favorable assignments. Other types may include creating a hostile work environment, reducing work hours, or blocking career growth. In more severe cases, employers might fire the employee.
Legal protections for whistleblowers
California Labor Code Section 1102.5 and the California Whistleblower Protection Act protect employees from retaliation if they report unlawful actions at work. These laws make sure that whistleblowers don’t lose their jobs, get demoted, or receive unfair treatment for speaking up.
The protections apply to both private and public employees, and employees can fight back against retaliatory actions. However, they need evidence showing that the employer acted against them because of their whistleblowing.
Proving retaliation
To prove retaliation in a whistleblower case, an employee must show three things. First, the employee needs to show that they reported illegal activity. Next, they must prove that the employer took negative action against them. Finally, the employee needs to connect the report with the employer’s retaliation. If they can’t prove this link, their claim may not move forward.
Supporting transparency
Retaliation makes it harder for employees to feel safe speaking up about illegal behavior. A workplace built on trust and fairness allows whistleblowers to report problems without fear, creating a better environment for everyone.