The law imposes many restrictions on businesses. For example, they have to follow safety standards and comply with wage regulations. They also have to allow workers to assert their protected rights. In some cases, workers find themselves in an uncomfortable position when they realize that the company has engaged in illegal or unsafe practices. They may feel compelled to act as whistleblowers to hold the company accountable, prompt organizational change and protect their coworkers.
Whistleblowers have protection under federal law and California state statutes. They should not face termination or other forms of employer retaliation because they identify and report unsafe or illegal practices. What actions might make a worker a whistleblower?
Alerting management about their concerns
Whistleblowing can be an entirely internal process. A worker who recognizes that the company has violated the law or safety standards may notify someone above them within the company hierarchy. They may go to their supervisor or to human resources. The goal is to get the company to acknowledge and address the issue. Frequently, whistleblowers need to gather documentation about their concerns before reporting the matter internally and may need to keep a record of their attempts to communicate with the company as well.
Involving regulatory agencies
There are numerous state and federal agencies that can help address illegal or unsafe company practices. Even if a worker puts a company at risk of fines or other penalties by communicating with a government agency, they should have full protection from retaliation. The decision to reach out to regulatory entities is a common way that a worker becomes a whistleblower.
Initiating a qui tam lawsuit
Those working in the healthcare, infrastructure or construction sectors are among those who might directly work with the government. In scenarios where employees uncover fraudulent billing practices related to government contracts or insurance, they can file a lawsuit against their employer. In a qui tam lawsuit scenario, the worker becomes a relator acting on behalf of the government. Those who initiate a qui tam lawsuit have the same protection as those who report matters within the company or to an appropriate regulatory agency.
Workers who feel compelled to act as whistleblowers may need help documenting their concerns, learning about their rights and asserting themselves. Whistleblowers have protection under employment laws, but they may need support when holding their employers accountable.