The decision to become a whistleblower is rarely an easy one. Most employees feel a deep sense of loyalty to their employers. They don’t want to make any choices that could harm the business or damage its reputation with the community. However, people may also recognize that there are scenarios in which they have an ethical obligation to speak up about their concerns.
Additionally, they may worry about exposing themselves to liability if they do not bring up their concerns. In some cases, employees may end up implicated in scenarios where their employers break the law. Acting as a whistleblower can help protect the whistleblower and other workers from prosecution. But, many people fear reporting misconduct or unsafe work conditions because they don’t want to put their careers at risk. Thankfully, the law protects whistleblowers from employer retaliation.
Doing the right thing shouldn’t result in punishment
Federal whistleblower statutes establish the baseline right to report unsafe work conditions and illegal activity. California state law helps strengthen and expand those legal protections. Workers should not have to worry about losing their jobs or facing a demotion because they reported concerns internally to management or externally to regulatory authorities.
Whistleblowers have protection against termination for reporting company misconduct. They also have protection from other workplace penalties that may constitute retaliation. For example, employers should not demote a worker or transfer them to a different facility or shift because they acted as a whistleblower. The decision to report employer misconduct should not have any bearing on the future of the worker’s employment with the company.
To best make use of whistleblower protection, workers often need to document their circumstances carefully. The documentation process typically needs to begin before the whistleblower brings issues to the attention of their employer or regulatory agencies.
That way, they can affirm that they engaged in protected activities and that the company retaliated against them afterward. Whistleblowers mistreated or retaliated against by their employers may have grounds for a lawsuit. They could secure compensation for the damages caused by their employers’ retaliatory actions.
Those intending to act as whistleblowers frequently need to discuss their situation with a lawyer before acting. Securing support can help whistleblowers limit the risk involved in doing the right thing.