California Whistleblower Law
The California whistleblower law provides protection for employees to disclose information regarding "waste, fraud, abuse of authority, violation of law or threat to public health without fear of retribution." The rules apply to all entities with employees in California, including the state, cities, counties, school districts and the University of California system.
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Function
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Employers break the law if they fire or take any type of adverse action against an employee who, in good faith, reports what he or she believe to be unlawful activities or conduct. The regulation also prohibits employers from retaliating against employees who refuse to violate or participate in actions that violate local state or federal law. Employees may report illegal activities in a wide variety of areas, including insurance, construction, health care and defense contracting. Some other areas in which claims may arise include mortgages, taxes, environmental concerns, consumer products and workplace safety.
Prohibited Activities
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State officials and employees cannot harass, reprimand or retaliate against job applicants or employee by acts of intimidation, denial of employment or promotion or threats of poor performance assessments. The employer may not transfer, reduce pay, deny benefits or take any type of disciplinary action related to the whistleblowing.
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Complaint
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Employee may report improper activities to the state auditor. If the employee believes an "adverse action" taken by the employer violates the Whistleblower Protection Act, the employee can report retaliatory act to the state personnel board in writing or call within 12 months of the occurrence of the adverse. University of California workers may contact the school's human resources department.
Employees also may contact the any official charged with handling such complaints. California State University employees may direct their complaints to the vice chancellor for human resources. The act does not protect an employee who makes a report to any entity other than the state auditor.
Civil Action
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Employees who decide to pursue civil action have the initial burden of demonstrating "by the preponderance of the evidence" that reporting illegal activities or refusing to engage in such actions led to the adverse employment action, such as job termination or denial of a promotion. If the plaintiff successfully meets this requirement, the employer must show through "clear and convincing evidence" that the purported "retaliatory act" occur based solely on the employee's job performance.
Consequences
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An employer or employee found in violation of the act may receive a fine up to $10,000 and as much as a year in jail. Civil-service employees may also face adverse employment action. The individual also has liability for damages, including punitive damages as awarded by the court. The employee harmed by the retaliatory act may receive reasonable legal fees.
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References
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