Lawyers for Wrongful Termination Due to Whistleblowing with Offices in Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, and Oxnard
At Akopyan Law Firm, A.P.C., we are committed to defending employees who face retaliation for whistleblowing or making complaints about illegal activities in their workplace. If you have been fired because of a whistleblower complaint, or if you suspect wrongful job termination because of a whistleblower complaint, our firm is prepared to offer you knowledgeable legal representation and support.
Understanding Whistleblower Protections
Whistleblowers play a crucial role in exposing illegal and unethical conduct within organizations. Laws at both the federal and state levels provide protections to ensure that individuals who report wrongdoing are not subject to retaliation. These protections are vital to encourage employees to come forward with important information without fear of losing their jobs or facing other forms of retaliation.
Federal Whistleblower Protection Laws
Several federal statutes are designed to protect whistleblowers from retaliation, each addressing different types of disclosures and sectors:
The Whistleblower Protection Act (WPA) is a central piece of federal legislation that safeguards federal employees who report violations of laws, regulations, or rules, or who disclose evidence of gross mismanagement, waste of funds, abuse of authority, or substantial dangers to public health and safety. The WPA prohibits retaliation against federal employees who make such disclosures and provides a mechanism for filing complaints and seeking remedies.
The Sarbanes-Oxley Act (SOX) extends protections to employees of publicly traded companies who report corporate fraud or violations of securities laws. This Act is particularly significant for those who disclose fraudulent financial activities or corporate misconduct. It ensures that whistleblowers who report such violations are protected from retaliation, including wrongful firing because of a whistleblower complaint.
The False Claims Act (FCA) offers protections for whistleblowers who expose fraud against the federal government. The FCA includes a qui tam provision that allows employees to file lawsuits on behalf of the government and receive a portion of the recovered funds. The Act protects whistleblowers from retaliation by their employers for participating in such actions.
Additionally, the Dodd-Frank Wall Street Reform and Consumer Protection Act provides protections for employees who report violations of securities laws to the Securities and Exchange Commission (SEC). This Act includes provisions for financial incentives and protection against retaliation, ensuring that whistleblowers are encouraged to report securities fraud without fear of job loss.
California Whistleblower Protection Laws
California has robust whistleblower protection statutes designed to protect employees from retaliation for reporting illegal activities. The California Whistleblower Protection Act, codified under Government Code § 8547 et seq., applies to state employees who disclose violations of laws, rules, or regulations, or who report activities that constitute significant threats to public health or safety. The Act prohibits retaliation against these employees and provides a legal avenue for addressing wrongful discharge due to whistleblowing.
California Labor Code § 1102.5 is another key statute that protects employees who report suspected violations of state or federal laws to government agencies or law enforcement. This statute applies broadly, covering a range of reports including those related to workplace safety, wage and hour laws, and other legal violations. Employees who face wrongful dismissal because of a whistleblower complaint under this law can seek remedies including reinstatement and damages.
The California Labor Code § 6310 protects employees who report unsafe working conditions or health hazards. If an employee is subjected to retaliatory actions, including wrongful firing because of a whistleblower complaint related to workplace safety, this law provides protection and a legal path for addressing such unlawful termination.
Types of Retaliation and Remedies
Retaliation against whistleblowers can manifest in various forms, including wrongful discharge because of a whistleblower complaint, demotion, reduction in hours, or other adverse changes in employment conditions. Employers may attempt to disguise retaliation by citing performance issues or other pretexts, but if the underlying motive is retaliation for whistleblowing, such actions are illegal.
If you have been wrongfully terminated because of a whistleblower complaint, you may be entitled to several forms of relief. Remedies can include reinstatement to your former position, back pay, and compensation for emotional distress. In cases where the employer’s conduct was particularly egregious, punitive damages may also be available.
Legal Recourse
The legal process can be complex, and it is essential to work with an attorney who understands both federal and state whistleblower protection laws. An experienced lawyer can help you navigate the process, gather evidence, and build a strong case to hold your employer accountable for their retaliatory actions.
Lawyers for Wrongful Termination Due to Whistleblowing with Offices in Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, and Oxnard
At Akopyan Law Firm, A.P.C., our attorneys are well-versed in the intricacies of both federal and California whistleblower protection laws. We are committed to defending employees who have faced wrongful discharge because of whistleblowing or other retaliatory actions. Our team will work diligently to advocate for your rights, gather necessary evidence, and pursue the compensation and justice you deserve.
If you have experienced wrongful termination due to a whistleblower complaint or face retaliation for reporting illegal activities, it is crucial to seek legal counsel promptly. The attorneys at Akopyan Law Firm, A.P.C. are here to provide you with expert legal representation and support. Contact us today to schedule a consultation and discuss how we can help you address the wrongful termination you have faced and protect your rights as a whistleblower.
If you were fired for whistleblowing, call us today at (818) 509-9975 or contact us online to schedule a free case evaluation. Our trial tested employment lawyers stand ready to help in cases involving a wrongful dismissal because of a whistleblower complaint.
Featured Whistleblower Protection Statute
Cal. Lab. Code § 6310
(a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following:
(1) Made any oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, their employer, or their representative.
(2) Instituted or caused to be instituted any proceeding under or relating to their rights or has testified or is about to testify in the proceeding or because of the exercise by the employee on behalf of themselves, or others of any rights afforded to them.
(3) Participated in an occupational health and safety committee established pursuant to Section 6401.7.
(4) Reported a work-related fatality, injury, or illness, requested access to occupational injury or illness reports and records that are made or maintained pursuant to Subchapter 1 (commencing with Section 14000) of Chapter 1 of Division 1 of Title 8 of the California Code of Regulations, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.), except in cases where the employee alleges they have been retaliated against because they have filed or made known their intention to file a workers’ compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers’ Compensation Appeals Board.
(b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by their employer because the employee has made a bona fide oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, their employer, or their representative, of unsafe working conditions, or work practices, in their employment or place of employment, or has participated in an employer-employee occupational health and safety committee, shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.
(c) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(d) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
(e) Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service.
Areas Served
The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to Adelanto, Agoura Hills, Alhambra, Aliso Viejo, Altadena, Anaheim, Apple Valley, Arcadia, Arleta, Atwater Village, Azuza, Bakersfield, Baldwin Park, Banning, Beaumont, Bell, Bell Gardens, Bellflower, Beverly Hills, Blythe, Boyle Heights, Brea, Brentwood, Buena Park, Burbank, Calabasas, Calimesa, Camarillo, Canoga Park, Canyon Lake, Carson, Cathedral City, Cerritos, Chatsworth, Chino Hills, Chino, Claremont, Coachella, Colton, Compton, Costa Mesa, Corona, Covina, Culver City, Cypress, Dana Point, Desert Hot Springs, Diamond Bar, Downey, Duarte, Eagle Rock, East Hollywood, East Los Angeles, Eastvale, Echo Park, El Monte, El Segundo, El Sereno, Encino, Fontana, Fountain Valley, Fullerton, Gardena, Garden Grove, Glassell Park, Glendale, Glendora, Granada Hills, Hacienda Heights, Hawthorne, Hemet, Hesperia, Highland Park, Highland, Hollywood, Hollywood Hills, Huntington Beach, Huntington Park, Indian Wells, Indio, Inglewood, Irvine, Jurupa Valley, La Canada Flintridge, La-Crescenta Montrose, La Habra, La Mirada, La Palma, La Puente, La Quinta, La Verne, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lakewood, Lake Balboa, Lake Elsinore, Lake Forest, Lancaster, Lawndale, Lincoln Heights, Loma Linda, Long Beach, Los Alamitos, Los Angeles, Los Feliz, Lynwood, Manhattan Beach, Mar Vista, Maywood, Menifee, Mission Hills, Mission Viejo, Monrovia, Montclair, Montebello, Monterey Park, Moorpark, Moreno Valley, Murrieta, Newbury Park, Newhall, Newport Beach, Norco, North Hills, North Hollywood, Northridge, Norwalk, Ontario, Orange, Oxnard, Pacific Palisades, Pacoima, Palos Verdes, Palmdale, Palm Desert, Palm Springs, Panorama City, Paramount, Pasadena, Perris, Pico Rivera, Placentia, Pomona, Porter Ranch, Rancho Cucamonga, Rancho Mirage, Rancho Santa Margarita, Redondo Beach, Reseda, Rialto, Riverside, Rosemead, Rowland Heights, San Bernardino, San Clemente, San Dimas, San Gabriel, San Fernando, San Jacinto, San Juan Capistrano, San Pedro, Santa Ana, Santa Clarita, Santa Monica, Sawtelle, Seal Beach, Shadow Hills, Sherman Oaks, Silver Lake, Simi Valley, South El Monte, South Gate, South Pasadena, South Whittier, Stanton, Studio City, Sun Valley, Sunland, Sylmar, Tarzana, Temecula, Temple City, Thousand Oaks, Toluca Lake, Torrance, Tujunga, Tustin, Twentynine Palms, Upland, Valencia, Valley Glen, Valley Village, Van Nuys, Ventura, Victorville, Walnut, West Covina, West Hills, West Hollywood, West Puente Valley, Westchester, Westminster, Westwood, Whittier, Wildomar, Winnetka, Woodland Hills, Yorba Linda