Retaliation and Whistleblower Claims

Experienced Employment Attorneys Protecting Whistleblower Rights

The State of California’s Whistleblower Protection Act (CA WPA) ensures that employees are free to report incidents of fraud, waste, violation of the law, abusive authority, or threats to the public, without having to be afraid of retaliation or retribution by an employer. Moreover, employees are encouraged to be honest and candid at all times, without having any reservations regarding employer wrongdoing.

If you have been retaliated against by your employer for reporting an incident that you believed to be unlawful, you may be able to take legal action against your employer under the California Whistleblower Protection Act. The California retaliation/whistleblower attorneys at Shah Law Group can investigate the circumstances surrounding your termination and may be able to make a claim against your employer. Please give us a call to find out more about how we can assist you today.


Legal Elements of an Unlawful Retaliation/Whistleblower Claim in California

In order for you to have a valid whistleblower complaint to assert against your employer, the following elements must be true:

• There must be an employer-employee relationship in place at the time of the alleged retaliation.
• The employee made a complaint about or engaged in some other form of protected activity.
• The employee must have experienced some kind of adverse or negative employment action, such as termination. Other examples of negative action by an employer include, but are not limited to, threats, demotion to a lower position or salary, transfer, and/or reduction in responsibilities.
• The conduct which the employee legally exercised must have been a major factor in the employer’s decision to terminate the employee’s job or take some other negative action against the employee.

Potential Compensation to an Employee Arising from a Whistleblower/Retaliation Claim

An employee who is successful in asserting a retaliation claim may be entitled to recover monetary compensation in the form of lost benefits and wages, as well as emotional distress damages. Moreover, in some instances, a California court may award the plaintiff employee punitive damages if the court believes that the employer behaved in a particularly egregious or malicious manner.

Finally, a whistleblower who prevails in a retaliation claim against his or her employer may also be able to receive some or all of his or her attorney’s fees.

Contact us Today about Your California Personal Injury or Employment Matter

Please feel free to contact any of our attorneys about your legal matter at any time. We can be reached by telephone at (714) 982-3SLG (3754), or you can contact us online for more information about how we can assist you with your Personal Injury or Employment law matter.