California Whistle Blower Protection Act
The California Whisteblower Protection Act gives power to the state auditor to receive reports from employees of any state or public business who wish to report violations of state or federal law taking place at the business. The bill gives further protections to those employees that do come forward, ensuring that any corporation or state agency that attempts to stop the employee will be held liable for additional damages.
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What is a Whistleblower?
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A whistleblower is a person that notifies a law enforcement agency at the state or federal level when he has reason to believe that his employer is engaged in illegal activity.This illegal activity can be any violation of state or federal law as well as compliance issues regarding safety of workers, health inspections, quality of products produced, and disposal of hazardous waste materials. The whistleblower must also have some sort of evidence that shows the illegal activity has taken place.
Company Policies
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The California Whistleblower's Act prevents employers from creating policies that discourage or stop whistle blowing. This is to encourage transparency between companies and employees so that an employee can work with confidence knowing that his employer is conducting business in a fair, honest, and more importantly legal manner.
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Employee Retaliation
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The California law further prevents employers from retaliating against employees that have informed the authorities of any illegal activity. Retaliation includes dismissing the employee, threatening him with legal action, any acts of harassment, or any other activity that might be construed as a form of retaliation. The best strategy for a company that has an employee come forward with illegal activity is to leave the employee alone or there will most likely be additional federal and/or state charges down the road.
Illegal Activities
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According to the California Whistleblower's Act, an employer may not retaliate against an employee that refuses to participate in any illegal activity at the state or federal level, or retaliate against an employee that refuses to engage in any activity that would be a violation of any compliance ordinance with regard to worker safety, hazardous materials, and others.
Coercion by Employer
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Employers may not attempt to coerce any employee to stop whistleblowing activities. This includes promising benefits to the employee, gifts, money, threats whether these threats be direct or indirect, and other forms of intimidation. An employer that violates any of these standards may be liable for additional civil damages paid to the employee. This would be in addition to any other criminal penalties that may arise from the evidence submitted to authorities by the employee.
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References
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