Los Angeles Whistleblower Attorney

Premier Lawyers offers reliable legal support to safeguard your rights and secure fair treatment for whistleblower protection in Los Angeles. Contact us today for a consultation.

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Defending Whistleblowers: Your Protection Is Our Top Priority

At Premier Lawyers, we proudly represent and defend the rights of whistleblowers throughout Los Angeles, CA. With more than 17 years of experience, our team, led by esteemed attorney Nick Chavarela, is dedicated to providing compassionate legal support for those courageous enough to expose workplace misconduct and report illegal activity.

Our extensive knowledge of whistleblower cases will ensure that you receive the robust protection you deserve. Let us stand by your side, advocate for your rights, and secure justice on your behalf.

  • The State Bar of California
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Understanding Whistleblower Protection

Whistleblowing is a critical mechanism for uncovering and addressing illegal activities within organizations. Employees who report such misconduct play a vital role in maintaining ethical standards and ensuring public safety. However, whistleblowers often face retaliation from their employers.

There are two primary grounds for whistleblower claims:

Reporting Legal Violations

Employees have protected status when they report activities that violate state or federal laws, regulations, or public policy, such as by disclosing information about illegal actions to government agencies or supervisors authorized to investigate or correct the violation.

Participating in Investigations

Whistleblower protections extend to employees who provide testimony or participate in investigations regarding their employer's misconduct. This includes cooperating with law enforcement agencies and public bodies conducting inquiries into legal violations.

California Laws Protecting Whistleblowers

California has robust whistleblower laws in place to safeguard employees who report illegal activities or unsafe conditions in the workplace. These laws are designed to protect employees from retaliation and ensure that they can report issues without fear.

Here are some key statutes to be aware of:

Labor Code 1102.5: General Whistleblower Protection

Labor Code 1102.5 prohibits employers from retaliating against employees who disclose information about violations of state or federal law. Employees are protected even if the reported violation turns out to be false, provided they had a reasonable belief that a violation occurred. This aligns with broader federal whistleblower laws.

Labor Code 98.6: Reporting Labor Law Violations

Under Labor Code 98.6, employees are protected when they report labor law violations to the California Labor Commissioner, ensuring fair treatment under the state’s employment laws. This includes issues such as minimum wage violations, unpaid overtime, and denial of meal and rest breaks.

Labor Code 6310: Occupational Safety and Health Complaints

This code safeguards employees who report workplace safety violations to Cal/OSHA. It provides that employees can report unsafe working conditions without fear of retaliation, thereby promoting a safer work environment.

Government Code 8547: State Government Employees

Known as the California Whistleblower Protection Act, Government Code 8547 offers comprehensive protections for state employees who report violations of laws, regulations, or orders or any condition posing a risk to public health or safety.

Health and Safety Code 1278.5: Healthcare Workers and Patients

Health and Safety Code 1278.5 protects healthcare workers and patients who report unsafe patient care or conditions. Employers who violate this law can face both criminal and civil penalties, ensuring accountability in healthcare settings.

Common Types of Whistleblower Cases

There are many different types of whistleblower cases. Here are a few of the types our team has experience handling:

Data Privacy and Security

Employees in tech, healthcare, finance, and government often face challenges when reporting data violations. While the California Consumer Privacy Act lacks specific protections, other laws shield whistleblowers from retaliation for exposing illegal practices.

Insurance Fraud

California law protects those who report insurance fraud, including false claims and kickbacks. Whistleblowers may receive a portion of the recovered funds, with the potential for treble damages and penalties.

Tax Fraud

Finance and accounting employees can report tax fraud under the IRS’s whistleblower regulations, with rewards if the disputed amount exceeds $2 million. The agency has awarded over $500 million in such cases.

Medicare Fraud

Healthcare workers can report Medicare fraud to the Department of Health and Human Services Office of Inspector General. Successful whistleblowers may receive 15%–25% of the government's recovery for exposing false billing or unnecessary services.

Government Contractor Fraud

Contractors who defraud the government can be reported to the appropriate authorities. Whistleblowers penalized for exposing substandard services or illegal activities may be reinstated, receive double back pay, and be entitled to legal damages.

Securities Law Violations

Employees who report securities fraud or insider trading to the U.S. Securities and Exchange Commission (SEC) may receive 10%–30% of monetary sanctions exceeding $1 million, a right protected by the Dodd-Frank Act.

Foreign Corrupt Practices

Under the Foreign Corrupt Practices Act (FCPA), reports of bribery and corruption to the SEC can result in monetary rewards for whistleblowers if the sanctions exceed $1 million.

Commodity Market Fraud

Reporting market manipulation or fraud to the Commodity Futures Trading Commission (CFTC) can yield monetary rewards similar to those under the SEC Whistleblower Program.

Unsafe Working Conditions

Finally, employees who report unsafe conditions to OSHA are shielded from retaliation. Such reports can involve hazardous materials, dangerous machinery, or health code violations.

How to Start the Whistleblowing Process

If you’ve been made aware of unlawful or corrupt actions at work, consider filing a complaint with the California State Auditor. Here’s how:

1. Gather Evidence

Collect as much information, documentation, and evidence about your employer’s violations as possible. Delaying this step may result in the loss or alteration of crucial evidence.

2. Consult an Attorney

Before filing your complaint, consult a qualified Los Angeles whistleblower lawyer. An attorney can help review your evidence, gather additional documentation, and present the information effectively.

3. File Your Complaint

With your whistleblower attorney’s assistance, you can file your complaint with the California State Auditor, providing the evidence you collected to support your case. Strong evidence will increase the likelihood of the State Auditor addressing the violation.

What Is the Average Settlement for Whistleblower Retaliation?

Understanding the potential financial outcomes in whistleblower retaliation cases is essential for anyone considering taking action. Settlements and award amounts can vary significantly based on several factors, including the nature of the case, the severity of the retaliation, and the laws involved.

Average Settlement Amounts

The settlement in a whistleblower retaliation lawsuit represents a willingness on the part of the defendant to address the plaintiff’s grievances or losses with a financial award. This is often done to avoid the uncertainty of a trial.

Some of the factors that can influence settlement amounts include:

  • The severity of retaliation: The harsher the retaliation (e.g., wrongful termination, demotion, harassment), the higher the potential settlement
  • Economic losses: Repayment of lost wages, future income, and lost benefits
  • Emotional distress: Compensation for pain and suffering due to emotional distress caused by the employer’s actions
  • Legal fees: Reimbursement for court costs and attorney fees incurred during the legal process

Settlements can range widely, from $50,000 to over $1 million, depending on the specifics of the case.

Whistleblower Rewards

In addition to settlements, whistleblowers may receive financial rewards if their disclosures lead to significant recoveries for the government. Here’s what to know about these rewards:

Qui Tam Cases

Whistleblowers in qui tam lawsuits, in which the plaintiff sues on behalf of the government, can receive 15%–30% of the recovered amount. The percentage depends on the whistleblower's role in providing key information and whether the government intervenes in the case.

SEC and CFTC Programs

Similarly, whistleblowers who report securities or commodities fraud may receive 10%–30% of the recovered amount if it exceeds $1 million. The exact award comes down to the quality of the information provided and the whistleblower's assistance in the ensuing investigation.

IRS Whistleblower Program

Whistleblowers who report tax fraud involving amounts over $2 million can also receive percentage-based rewards, often resulting in substantial payouts.

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FAQ

Frequently Asked Questions

Yes, whistleblowers can remain anonymous. To do so, they must have an attorney submit their information to the Securities and Exchange Commission (SEC). The attorney must provide their own contact details and follow specific procedures. However, the whistleblower must disclose their identity before they can receive any award payment.

Whistleblowers can face a number of risks, including retaliatory actions on the part of their employer, such as being fired, demoted, or harassed. They might also deal with threats, damage to their professional reputation, and considerable stress and anxiety throughout the legal process.

No, whistleblowing isn’t illegal. Whistleblowers play an important part in preventing crimes and unlawful activities, and state and federal laws protect employees who do so. In fact, whistleblowers stand to receive a percentage of the recovered funds if their claims lead to government recovery.