Federal laws and California state regulations protect employees from various types of misconduct. Employees generally have protection from retaliation if they engage in certain protected activities. Whistleblowing is a protected activity.
If employees become aware of major safety concerns or misconduct on the part of an employer, they can report the matter within the company or to relevant government agencies. Many people who could act as whistleblowers feel anxious about doing so because they don’t want to risk facing retaliation despite the law. A few simple steps can protect people who intend to act as whistleblowers.
Keep personal documentation
Some whistleblowers rely on their employers to do the right thing. Their faith in the ethics of others and their protection under the law can ultimately do them a major disservice.
If they cannot prove that they engaged in protected workplace activities, they may not be able to prove that their employer retaliated against them afterward. Keeping records of the issue that the worker noticed can help protect a whistleblower from retaliation. They may also want to retain records of their communication with the company or outside agencies.
Seek support in re: the matter ahead of time
Whistleblowing should not be a spontaneous action. Instead, employees generally need to plan ahead to optimize their legal protection throughout the process. Discussing personal concerns and sharing documentation with an attorney can help protect a worker from retaliation or strengthen their position if they must hold their employer accountable afterward.
Workers who want to do the right thing but do not want to risk their careers may need help understanding their rights as whistleblowers and protecting themselves from company misconduct. Getting the right support and keeping personal records can help whistleblowers avoid unfair terminations and other forms of retaliation.