Whistleblower/Retaliation

California Whistleblower Attorneys

Employees who see safety issues or unlawful conduct in the workplace should be encouraged to speak up and seek accountability, not stay silent in fear of retaliation. Fortunately, both state and federal laws provide powerful remedies for employees who voice their concerns and are subjected to reprisals.

Our team at Olivier & Schreiber PC has extensive experience using these laws to represent whistleblowers. Over the years, we have successfully recovered tens of millions of dollars on behalf of employees who refused to stay silent in the face of wrongdoing in the workplace. We understand the courage it takes to speak up, and we are committed to standing by your side every step of the way. 

Who We Assist

Our attorneys support employees who stand up against injustice in a wide range of situations, including when:

• Employees raised a concern, filed a complaint, or supported a coworker, then faced sudden write-ups, a worse schedule, or exclusion from key meetings.
• Employees reported discrimination or harassment to HR or an agency, or participated in an investigation, and were met with reduced hours, a poor review, demotion, or termination.
• Employees raised concerns about pay, hours, safety, staffing, or overtime and then found themselves monitored, disciplined, stripped of hours, or pushed out.
• Employees decide to report suspected fraud, unsafe conditions, or other illegal conduct, or refuse to falsify records or follow an unlawful directive.

If any of these situations feel familiar, we can help you evaluate whether you may have a claim and what to do next.

Types of Whistleblower Claims

The attorneys at Olivier & Schreiber PC have experience with various types of whistleblower claims, including:

• California Labor Code Whistleblower Protection: California Labor Code Section 1102.5 broadly protects whistleblower employees in California. Under this law, it is unlawful for an employer to retaliate against an employee for disclosing information that the employee reasonably believes may violate a local, state, or federal law, rule, or regulation. The law also applies when the employer retaliates because it believes the employee may make a protected disclosure, even if the disclosure has not yet occurred. A protected disclosure includes statements made to government or law enforcement agencies, to an employee’s manager, or to a coworker with authority to investigate or correct the violation. The law also protects employees who experience retaliation for refusing to participate in an activity that would violate a state or federal statute or local, state, or federal rule or regulation. The law protects employees, even if the employer ultimately proves that its actions were not unlawful, as long as they have a reasonable belief that a law, rule, or regulation was violated. Our firm has successfully represented individuals who have experienced employer retaliation in negotiations and, when necessary, through litigation and trial.
• Federal and California False Claims Act/Qui Tam: Fraudulent claims against federal and state agencies are not allowed under the law. For example, if your employer is a federal or state contractor and is making false statements in order to obtain federal funds, this may be a false claims violation. The California False Claims Act and the Federal False Claims Act permit whistleblowers to file actions to enforce the law and recover funds for the government, and, if successful, to claim a share of the government’s recovery. False claims cases are complex and require experienced attorneys to pursue them. Our firm has represented whistleblowers and recovered tens of millions of dollars on behalf of state and federal governments. Specific fraudulent schemes challenged under false claims laws include:
  • Fraudulent Billing: Billing Medicare, Medicaid, or even private insurance for unnecessary services or services not performed.
  • Kickbacks: Providing payments or benefits to medical providers in exchange for referrals.
  • Bank Fraud: False statements to federally insured entities or other types of bank or mortgage fraud.
• Federal Dodd-Frank Whistleblower Act: If you work in the securities industry and you are aware of securities violations occurring within your company that you want to see remedied, you may be entitled to the protections of this law as a whistleblower.
• Federal Sarbanes-Oxley (SOX) Act: The SOX Act protects whistleblowers who are employees of publicly traded companies and who report or wish to report certain types of corporate fraud.

California also has specific laws to protect employees and sometimes other types of workers, such as contractors who have experienced retaliation for:

• Complaining about discrimination in the workplace.
• Notifying government agencies of suspected unsafe patient care and conditions.
• Reporting unsafe working conditions to an employer or a government agency.
• Disclosing information about working conditions.

Protections for Whistleblowers

Employees who are disciplined, demoted, or fired for complaining about suspected unlawful conduct in the workplace may have grounds to seek redress. Types of protected whistleblowing activities may include:

• Reporting false claims made by employers to obtain federal or state funds.
• Reporting insurance fraud.
• Reporting safety issues.
• Discussing pay or workplace conditions with coworkers or publicly.
• Participating in workplace investigations.
• Reporting coworker or manager harassment or discrimination.
• Reporting unequal pay or unlawful pay practices.
• Filing complaints with federal or state agencies against your employer.

Why Choose Olivier & Schreiber PC for Your Representation?

Reporting wrongdoing takes courage, and choosing the right advocate should give you confidence. Employees trust us for our:

• Exclusive Employee Representation: We are committed to standing on employees’ side against employers who punish them for speaking up.
• Legal Support With Genuine Care: We understand how isolating and stressful retaliation can feel when your livelihood is on the line, and we treat you with empathy as we handle your case.
• Thorough Advocacy: We assist clients with the full range of whistleblower and retaliation claims, from reports of fraud and safety violations to complaints about discrimination, harassment, and unpaid wages.
• Practical Knowledge of Appeals: Our appellate strength means we can protect a favorable result or challenge an unjust ruling long after other firms would step aside.

Above all, we are committed to defending the workers who have the courage to speak up. We work to protect your rights when you do the right thing.

Speak With an Experienced Attorney Today

Whistleblower and retaliation claims are complicated and challenging to address. It may be necessary or advisable to remain anonymous in making a whistleblower complaint. Our firm works closely with clients to carefully address their concerns and the resolutions they are seeking, whether it is protection from retaliation, reinstatement, compensation for loss, or holding the defendant accountable for corporate wrongdoing. We can assist clients in making anonymous reports to government agencies, filing protected whistleblower complaints, negotiating resolutions for a defendant’s retaliation, and litigating these cases in court. 

If you are considering making a whistleblower claim or have faced retaliation for doing so, contact an attorney at Olivier & Schreiber PC today for help.

FAQs About Whistleblowers & Retaliation in California