Am I Protected If I Report Misconduct Internally Instead of to the Government?

Deciding to report misconduct you have witnessed in the workplace is a worthwhile but harrowing step. At Olivier & Schreiber PC, we recognize the courage it takes to speak up against wrongdoing, as well as the thought that often goes into such a decision. A common question from many employees who are considering speaking up is whether they are protected from retaliation if they report misconduct internally, rather than to a government agency. The answer, particularly in California, is yes.

In general, if you report workplace misconduct in California:

• You cannot be punished for properly disclosing information about violations of the law.
• Protections apply whether you report to a government agency or someone within your company.

Here, we share what these protections include and how they protect your rights as a whistleblower in your workplace.

Employee Protections for Internal Reporting

California law provides strong protections for employees who report misconduct. The key statute is California Labor Code section 1102.5, which is designed to encourage employees to report violations of law without fear of retaliation. This law prohibits an employer from retaliating against an employee for disclosing information they reasonably believe shows a violation of a local, state, or federal statute, rule, or regulation. This protection applies regardless of whether disclosure is part of the employee’s job duties.

Scope of Protection

The legal protection given to reporters under Section 1102.5 is broad. It applies to disclosures made to:

• A government or law enforcement agency.
• A person with authority over the employee.
• Another employee who has the authority to investigate or correct the violation.

The law thus ensures that both internal and external reporting are protected activities.

Confidentiality Exceptions

It is important to note that there are a few exceptions to these protections. The law does not protect an employee from discipline for violating the confidentiality of:

• The attorney-client privilege.
• The physician-patient privilege.
• Trade secret information.

Awareness of these exceptions can be crucial for remaining protected under the law.

The Process of Reporting Workplace Misconduct

Reporting workplace misconduct in California involves several key steps:

1. Document the Misconduct: Keep detailed records of the incidents, including dates, times, locations, and any individuals involved.
2. Review Company Policies: Check your employer’s handbook or internal guidelines to understand the company’s procedures for reporting misconduct.
3. Make a Report: Formally report the issue to your supervisor, HR department, or designated company representative. If the issue is not addressed internally or if you fear retaliation, you can file a complaint with the appropriate California agency.
4. Seek Legal Guidance: An employment attorney can guide you on the best course of action and represent you if further legal action is necessary.

Taking these steps methodically can help address the misconduct effectively while protecting your legal rights and employment status.

Know Your Rights When Blowing the Whistle on Misconduct

Understanding your rights as an employee is the first step toward ensuring you are protected when you speak up about misconduct. California law provides a strong foundation for protecting internal whistleblowers, treating their disclosures with the same gravity as reports made to external government bodies.

If you have witnessed misconduct at your workplace and are considering reporting it, or if you have already faced retaliation for doing so, it is vital to seek experienced legal counsel. The attorneys at Olivier & Schreiber PC are committed to advancing the rights of employees, including whistleblowers and those dealing with retaliation, and can provide the guidance you need to handle this complicated process. Contact us today for assistance.