Modesto Whistleblower Lawyer

Modesto Whistleblower Attorney

If you were fired, demoted, or treated unjustly at work because you exposed misconduct, contact a Modesto whistleblower lawyer right away to preserve your rights. An attorney can stand up for you as an employee who did the right thing and can make sure you won’t sacrifice your career.

Defining What a Whistleblower Is

The term whistleblower means an employee that discloses that a violation of federal or state laws has occurred. Employees that speak out against corporate wrongdoing deserve respect and to be rewarded, not punished, for exposing the wrongdoing.

You’re entitled to protection under federal and state law. As a whistleblower, your employer cannot retaliate against you for reporting to a supervisor, government, or law enforcement agency about violations of laws, misconduct, or potential criminal activity. Your employer can’t retaliate if you:

• Report hour and wage violations to the Labor Commissioner
• Act as a witness
• Cooperate with a workplace investigation

Retaliation at work can take many different forms, which can include both subtle and overt actions that are illegal, such as:

• Failure to promote
• Demotion that isn’t based on work performance or product
• Denial of participation in training or professional development
• Denial of access to training, resources, and/or equipment to allow an employee to appropriately do their job
• Threatening immigration activity for any labor complaints
• Terminating employment

California Whistleblower Protection Laws

In California, workers have rights against their employers, including:

• The right to file a claim to recover employee benefits and lost wages
• The right to recover damages for physical pain, emotional or mental suffering
• The right to damages for the loss of any denied career opportunities
• The ability to seek punitive damages for egregious behavior by their employer
• The right to recover attorney’s fees

The circumstances surrounding how your employer retaliated will determine which recovery is available to you for your claim.

Factors Influencing Whistleblower Recovery and Damages

A few factors might increase a potential whistleblower settlement, including:

• The severity of the misconduct. The more egregious the reported misconduct, the potentially higher the settlement amount because severe violations of law/regulations may result in increased settlements.
• The extent of the damage. Significant harm to people, the economy, or the environment can lead to potentially higher damages.
• The cooperation level. When whistleblowers actively help with investigations by providing evidence and cooperation, they can potentially increase their recovery due to their assistance.
• The quality of evidence provided can impact a recovery. Compelling evidence to support all charges could help increase any recovered amount.
• The whistleblower role. If they had a significant role in discovering the misconduct, like if they were directly involved or had insider knowledge, it could impact the amount of any settlement.
• The potential for legal action. If the case has a high chance of success or if the company or agency wants to avoid a public trial, the whistleblower could resolve the case out of court and for a higher settlement amount.
• The relative size and legal resources of the defendant. Larger corporations have more resources and could offer larger settlements, both in order to avoid never-ending legal battles and to circumvent bad publicity.
• The possibility of the government getting involved.
• The impact of the public interest. If the matter involves issues of public health, safety, or welfare, it can increase a settlement amount because of the potential societal issues at play.
• The investigation complexity and timeframe.
• The influence of precedent or pre-existing case law, as prior matters and settlement amounts, can influence recovery in new cases.

These factors influence the determination of whistleblower settlement amounts and the whistleblower’s credibility. Limited cooperation or strong legal defenses raised as justification for the alleged misconduct can reduce the recovery for whistleblowers. An attorney can further explore the anticipated recovery in your situation.

FAQs

What Are Some Examples of Whistleblower Claims?

A whistleblower is typically a current or former employee. However, anyone with knowledge of fraud or misconduct can be a whistleblower. One example would be a past employee alleging his company was misbranding and failing to provide complete information about cancer medications. Also, a whistleblower at a healthcare provider company alleged that the company’s executives had inflated reimbursement expenses stated in Medicare cost reports.

Past employees who identify and report corporate wrongdoings can also seek recovery as whistleblowers.

Does California Have a Whistleblower Law?

Yes, in California, whistleblower laws exist to protect employees from retaliation for reporting workplace misconduct. California encourages reporting, as such violations might go unnoticed if not for the bravery of whistleblowers.

Under California Labor Code Section 1102.5, whistleblowers are employees who discover and report information to their supervisor, the government, or a law enforcement agency. They believe a violation of federal or state laws, statutes, rules, or regulations has occurred.

How Do I Prove My Whistleblower Case in Modesto, CA?

Proving a whistleblower case involves general steps, usually including:

• Determining whether a valid whistleblower claim exists
• Gathering all evidence to support the claim
• Reporting the illegal or unethical activity
• Filing a claim with the appropriate agency or organization
• Working with a whistleblower attorney
• Cooperating with the investigation
• Negotiating your claim or attending hearings

Depending on your circumstances, other steps may be necessary, and a lawyer in Modesto, CA can address further questions about the process.

How Do I Complain as a Whistleblower of Improper State Government Activity in California?

To file a complaint as a whistleblower in California, the California Whistleblower Protection Act allows the California State Auditor to take complaints regarding claims of improper state government activity. This act also protects state employees from retaliation by their state employer for filing complaints. The prohibited retaliation includes:

• Intimidation or discrimination
• Adverse action threats
• Denial of promotion or appointment
• Completing a subpar evaluation for performance
• Any other type of disciplinary action

A Modesto, CA Attorney Can Discuss Your Whistleblower Protections and Recovery

Our team is familiar with the intricacies of the California Labor Code, the Fair Labor Standards Act, and other relevant laws. You don’t need to choose between preserving your career and doing the right thing by exposing workplace misconduct. To get started, arrange a confidential consultation with the Asbill Law Group, and please contact us right away to ensure your rights are protected.