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Your protections as a whistleblower

On Behalf of | Aug 6, 2024 | Employment Law

When you notice a violation of the law in the company you work for, you will typically inform someone in authority. But what if they don’t handle it properly or are responsible for it? 

Employees are encouraged to report violations of state or federal law to the appropriate government or law enforcement agency. An employee can also refuse to participate in an activity that would lead to a violation of a state/federal rule.

Here is what to know about being a whistleblower:

You will be protected

One of the common reasons violations in companies go unreported is that employees fear losing their jobs or “ruining” their careers. However, whistleblowers are protected. The California Whistleblower Protection Act prohibits employers from retaliating or attempting to retaliate against employees who report wrongdoings.

Thus, it’s unlawful for your employer to demote or dismiss you after reporting a violation. They are also prohibited from denying you opportunities or promotions, intimidating you, transferring you to unfavorable locations/shifts and so on.

Your employer may avoid retaliating against you for whistleblowing because doing so can worsen the situation. However, if they do, report the case to the State Personnel Board.

Another protection regarding whistleblowing is that employers can not adopt or enforce rules that prevent employees from being whistleblowers. Some employers use non-disclosure agreements (NDAs) to do this.  An employee is likely to ignore a violation of a state or federal regulation if they believe reporting it is a breach of the contract they signed. 

An employer using NDAs to silence whistleblowers can be unlawful. Thus, whether or not NDAs are at play, you can report any violation you notice in the company.

If your employer violates a state/federal law or asks you to take part in an activity that would result in a violation of the law, seek legal guidance to determine your next moves.