An employee who reports a supervisor, coworker, or employer that is violating local, state, or federal laws is protected by whistleblower laws. Whistleblowers may not be terminated, demoted, ostracized, or treated adversely in any way. An employee may also refuse to take part in unlawful conduct without retaliation from the employer.
Several laws apply to whistleblowers in California, including the Whistleblower Protection Act, False Claims Act, and Sarbanes-Oxley Act. These laws apply to all employees of public agencies and private corporations in California.
Additionally, California has whistleblower protection laws that apply specifically to health care workers, such as nurses and physicians. They protect health care workers who report patient safety issues and fraud against Medicaid and Medicare insurance programs.
H2: How to File a Whistleblower Complaint
You may file a whistleblower complaint online, via fax, telephone, or in person. Many complaints are filed through the Occupational Safety and Health Administration.
There are deadlines for filing a whistleblower complaint depending on which law you are protected under. It’s important to consult with a whistleblowing attorney to make sure you meet necessary deadlines and submit all appropriate information with your complaint.
After you submit a whistleblower complaint, you will be contacted by a government investigator who will interview you regarding the allegations. Your employer will also have an opportunity to provide documents and information to the investigator.
The parties involved in the whistleblower claim may settle a retaliation complaint through an Alternative Dispute Resolution (ADR) program.
At the end of the investigation, the investigator will produce an opinion about whether the evidence supports a violation of the law. If you disagree with the findings, you may object and have your case heard by an administrative law judge.