Do Internal Reports Count as Whistleblowing?

Witnessing unethical behavior at work can leave you feeling like a heavy burden has been placed on your shoulders. You want to do the right thing, yet you may worry about what could happen if you share what you know with the wrong person. You might be wondering if simply reporting the issue to your manager qualifies you for legal protection.

In California, internal reports do count as whistleblowing. Under California law:

• Internal complaints carry legal weight, just like external complaints to government agencies.
• All whistleblowers are protected from employer retaliation.
• It is important to strategically document and file your reports to ensure your legal rights remain secure.

The committed attorneys at Olivier & Schreiber PC understand the profound stress that is often faced when exposing workplace misconduct. We bring together the skills of numerous experienced litigators to protect your rights and improve workplace conditions.

Making Internal and External Complaints

Under California law, both external and internal complaints are protected forms of whistleblowing. An external complaint involves speaking directly to a government agency or law enforcement body. An internal complaint involves reporting a violation to a person with authority to investigate within your organization. This could be, for instance, a direct supervisor, a compliance officer, or a human resources representative.

Both actions represent a legally protected activity. Thus, you do not have to report outside your company to be considered a whistleblower.

When Are Internal Reports Legally Protected?

Federal and state employment laws provide significant safeguards for whistleblowers. In particular, under California Labor Code Section 1102.5, an employer shall not retaliate against an employee for disclosing information internally or externally. Your report is legally protected if you have reasonable cause to believe that the information demonstrates a violation of a local, state, or federal rule.

The law protects you even if disclosing this information is part of your regular job duties. Employers cannot adopt any policy that prevents you from sharing information about violations or noncompliance.

Key Reminders for Making a Report

Whether you choose to report a violation internally or externally, you should still take specific steps to protect yourself and your career. Consider:

• Submitting the report in writing to create a clear timeline of events.
• Taking care to objectively provide clear details about the specific violation of state or federal statutes.
• Saving personal copies of your correspondence and any relevant evidence that supports your claim.
• Consulting with an experienced attorney before making a report, especially if you anticipate hostility from your employer.

Taking the right precautions now will strengthen your case if you eventually face workplace retaliation.

Pursuing Justice for California Workers

Speaking up against an employer requires tremendous courage. The law recognizes this and keeps your employer from legally punishing you for reporting a compliance violation to a supervisor or external body. If you experience unlawful retaliation after making an internal report, you have the protected right to seek justice.

The attorneys at Olivier & Schreiber PC offer skillful, understanding legal support to help you navigate the challenges of employment law. We provide thorough case evaluations to help determine the best legal strategy for your specific situation. Contact our firm today to schedule a consultation and hold your employer accountable.