Whistleblower Protection: Why You Need It?

Citing illegal activities or wrongdoings is especially difficult and dangerous. That’s why you need to protect yourself with the help of a reliable lawyer in California. While several laws protect individuals who report suspicious or illegal activity conducted by their employer or colleagues, they can still be at risk for mistreatment and adverse reactions in the workplace.

That’s why it is always in your best interest to understand whistleblower protection laws. Whistleblowers are often put in a tight spot to keep themselves safe from employer retaliation, all while upholding truth and justice. Because of this struggle, having reputable representation is essential.

What is Whistleblower Protection?

Under California Law, a whistleblower is an individual, typically an employee, who has noticed some illegal activity or fraudulent business practice in their workplace and decides to report it to the proper channel of authorities.

A whistleblower can range from reporting behaviors such as:

• Violating corporate/workplace policy
• Breaching procedural requirements and processes
• Conducting illegal work transactions
• Creating threats against public safety, interest, or health

Whistleblower protection laws aren’t new; in fact, such laws have been around since the 1700s. Today, California has made several amendments and follows the revised False Claim Act. This Act protects employees from harm whenever they report their employer’s abusive or illegal behavior. This way, whistleblowers are encouraged to report unlawful acts without worrying about their safety.

Federal Whistleblower Laws: What Are They?

The Occupational Safety and Health Administration enforces these laws to prohibit any employer from retaliating against employees reporting them for their violations. Here are among the most common Federal Whistleblower Laws:

• Whistleblower Protection Act: It outlines the rights of the employees’ to speak about misconduct. It ensures that employees can disclose violations of laws, rules, or regulations, mismanagement, gross waste of funds, abuse of power without worrying about their safety.
• False Claims Act: Known as the Lincoln Law, it significantly covers government-involved occupational transactions. The Act imposes liability on the federal contractor who defrauds governmental projects.
• Sarbanes-Oxley Act: Called SOX or the Sarbox, this federal law protects investors from public-traded corporations’ fraudulent accounting activities.
• Dodd-Frank Act: Geared to uphold the integrity of US financial systems, the government enacted this legislation in the wake of a global financial crisis.

California Whistleblower Laws

Aside from federal legislation, state-level whistleblower laws and legislation in California are determined in the state’s labor code. However, every whistleblower case is unique, so there’s no one-size-fits-all solution. It is essential to talk to a trusted lawyer in California when you’re in a situation that doesn’t fit neatly into any of the common types of whistleblower actions. Here at Cartwright Law Firm, Inc., we can guide you every step of the way when it comes to more complex and unique whistleblower claims.

Different Types of Whistleblower Cases

Aside from ensuring clean and just business practices and government transactions, whistleblowers are entitled to monetary compensation when their claims are successful. There are different types of whistleblower cases that merit such reward, including:

• False, Fraudulent and Qui Tam Claim Whistleblowers (federal and California false claims laws) – False Claim Act § 3729 et seq or California False Claim Act(Government Code 12650);
• Sarbanes-Oxley Act Whistleblowers;
• SEC – Securities Exchange Commission Whistleblowers/ Dodd-Frank Whistleblowers (Wall Street Reform and Consumer Protection Act);
• Whistleblower Retaliation under California Labor Code1102.5 and Violation of Public Policy and for Illegal Conduct
• Banking Whistleblowers (Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Financial Institutions Anti-Fraud Enforcement Act of 1990 (FIAFEA))
• IRS – Internal Revenue Service Tax Whistleblowers;
• Insurance Fraud Whistleblowers (California Insurance Code 1871.7);
• SEC – Securities Exchange Commission Whistleblowers/ Dodd-Frank Whistleblowers (Wallstreet Reform and Consumer Protection Act);
• Medicare Fraud Whistleblowers, and;
• Medi-cal (California) Fraud Whistleblowers

What Does A Whistleblower Protection Attorney Do?

Attorneys representing a whistleblower carefully assess the situation and consider their course of action. Like any other case, they will engage in activities that of employment disputes. The most common services whistleblowers attorneys offer is:

• Investigating the veracity of a whistleblowers’ claims to identify whether the situation calls for the relevant whistleblower law
• Lobbying complaints to relevant government agencies
• Guiding whistleblowers to follow the legal process to achieve desired outcomes
• Representing a whistleblowers interest before the courts
• Attempting to resolve and deescalate employer retaliation by a settlement negotiation
• Filing a suit and building a case if settlement isn’t reached

How to Choose A Whistleblower Protection Lawyer in California?

Finding the right representation is crucial to the success of your claim. Here are a few key factors to consider choosing an attorney:

• Specialization on Whistleblower Cases

Whenever you choose a lawyer, you want someone who has previously handled a whistleblower case. Your chosen attorney must be familiar with your case’s legal landscape and grounds.

That’s why you need to work with a law firm that has a high success rate for whistleblower cases. Don’t hesitate to ask about the firm’s track record on whistleblower cases before even making your decision.

• Tax Fraud Expertise

Aside from considering the firm’s specialization and success rate, check whether they have any expertise in tax fraud. Once you’ve done your researched and narrowed down your choices, you can talk with the top firms and assess which understands your case better.

• Knowledge of IRS Processes and Protocols

If your attorney is familiar with IRS policies and procedures, you’ll have ease and access to help build your case. Most well-established law firms are familiar with the IRS. Remember that you will be spending time with the IRS officers, so it’s good to have an attorney who understands the processes and has connections within the IRS.

Need More Help? Work With Cartwright Law Firm. Inc., Today!

Exposing the truth as a whistleblower is a considerable responsibility. Here at Cartwright Law Firm, Inc., we want to help you speak up without having to worry about your safety. We are prepared to face the legal ramifications that come with your situation.

Our team of personal injury lawyers is ready to put our resources and knowledge to help you win your case. So, talk to us today! We represent clients throughout the Bay Area, including North Bay, Vacaville, Oakland, San Mateo, Santa Rosa, San Jose, Fremont, Pacifica, and Daly City. Our fees are charged as a percentage of any compensation awarded to our clients, and you pay nothing if we fail to win your case. Call us at 415-433-0444 or send us a message today.