Retaliation & Whistleblowing
There are a number of laws that help protect employees who refuse to engage in certain illegal activities and/or oppose their employer’s efforts to engage in illegal activities. Other laws offer protections and to employees report to the government an employer’s illegal conduct. Below are some examples of these laws.
Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act provides legal claims for employees who report, oppose or refuse to engage in illegal discrimination, harassment or retaliation based on race, gender, religion, disability, and age.
Federal and California State False Claims Acts both protect an employee who report employer efforts to commit financial fraud on the government.
Laws created by the Sarbanes-Oxley Act protect those who whistle blow on a publically traded employer who makes false statements to the SEC or to the public. Whistle blower employees who work for employers who have a large number of non-traded shares are also protected.
The California Business and Professions Code protects employees who are subjected to “unfair business practices” as defined by the Code.
The California Labor Code protects employees who comment upon or protest working conditions, and/or make internal claims for unpaid wages or overtime.
There are other instances in which the law protects employees from retaliation.