Can a whistleblower be fired?
State and federal whistleblower protection laws prohibit employers from firing whistleblowers. The California whistleblower attorneys at Cutter Law P.C. help whistleblowers hold employers accountable for wrongful termination.
Employees who discover wrongdoing should never have to choose between doing the right thing and keeping their jobs. Fortunately, the federal Whistleblower Protection Act, the California Whistleblower Protection Act, and state labor laws provide significant relief for employees who are fired for whistleblower activities.
Our experienced California whistleblower lawyers explain what you need to know.Â
Quick Links
- How does the law protect whistleblowers from retaliatory termination?
- Is there ever a time when an employer is allowed to terminate a whistleblower?
- What should I do if my employment has been terminated after blowing the whistle?
- When should I contact an attorney?
- Should I resign voluntarily to avoid termination?
- Why should I choose the whistleblower attorneys at Cutter Law P.C.?
How does the law protect whistleblowers from retaliatory termination?
Whistleblower protection laws prohibit all forms of retaliation against whistleblowers.
Federal Whistleblower Protections
Every government agency that accepts whistleblower complaints provides protection for the whistleblower, which includes the following:
- A court order to restore the employee to the position or an equivalent position with the same amount of seniority
- Back pay for lost wages
- Attorney fees and court costs
- Administrative and civil penalties
Employers within the financial industry that wrongfully terminate whistleblowers can be required to compensate them double the amount of back pay according to Section 922 of the Dodd-Frank Act.
The California Whistleblower Protection Act
In California, all employees who blow the whistle are protected under California labor laws and the California Whistleblower Protection Act.
Personnel who participate in retaliation against whistleblowers can be sentenced to up to a year in jail and fines of up to $75,000. The court can also grant an injunction requiring the employer to restore the terminated employee’s position.Â
In addition, state law entitles employees to file a civil lawsuit against employers who wrongfully terminate them. In such a lawsuit, a court may award back pay and punitive damages.
Is there ever a time when an employer is allowed to terminate a whistleblower?
A whistleblower may only be terminated if the employer can prove that the termination would have occurred even if the employee had not blown the whistle.Â
Under California law, if the employee demonstrates to the court that the suspicion of retaliatory termination is reasonable, the burden of proof is on the employer to prove it would have occurred even if the employee had not blown the whistle.
What should I do if my employment has been terminated after blowing the whistle?
If you have been terminated shortly after blowing the whistle on an employer, the termination may be a form of retaliation. If so, your employer may take further measures to harm your reputation and your case. Â
To best protect your case, avoid discussing your termination with co-workers or anyone connected to your employment. Anything you say could be relayed back to your employer and used against you.Â
The experienced whistleblower attorneys at Cutter Law P.C. can review your termination and determine whether it is retaliatory. You can trust our attorneys to keep your communications with us confidential.
When should I contact an attorney?
It is important to contact an attorney as soon as possible after you have been terminated. This will give your attorney an opportunity to advise you to take the necessary protective actions as early as possible.Â
Whistleblower retaliation cases are governed by statutes of limitation, which vary depending on which laws cover your original whistleblower claim. In some cases, the time limit may be a year or less, and our attorneys will need as much time as possible to investigate your termination.
Should I resign voluntarily to avoid termination?
Resigning your position to avoid retaliatory termination is usually not in your best interest because it prevents you from having a provable case against your employer. You can only prove an action that actually occurred. You cannot build a case on something that might have occurred.
Additionally, retaliation does not always end with termination. Your employer could blacklist you or give you a false negative work reference. These forms of post-termination retaliation are also illegal, but they are easier to prove if you were also wrongfully terminated.
Why should I choose the whistleblower attorneys at Cutter Law P.C.?
Cutter Law P.C. has immense respect and appreciation for whistleblowers because their actions require remarkable courage. Despite their decision to do the right thing, whistleblowers often face ostracization, even from co-workers they previously trusted.
Our firm has extensive experience with wrongful termination and whistleblower cases and is uniquely qualified to help whistleblowers who have experienced retaliation. You can count on our attorneys to provide fierce advocacy and effective representation to help restore your employment and your good name.Â
Contact us today to schedule a free consultation.
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401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
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Oakland, CA 94612
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