California Laws Protecting Whistleblowers

According to San Diego employment attorney, ask any California employee about their right to be protected from adverse job action if they blow the whistle on corporate fraud or other misconduct at the work place, and they'll likely mention something vague about the "federal false claims" act. While is true that the Federal False Claims Act (31 United States Code 3729) is the granddaddy of all whistleblower protections, there are other federal laws (such as the Dodd Frank Wall Street Reform and consumer Protection Act) that provide for financial recovery. In many cases, it is critical to include a claim for violation of a state false claim act in the federal complaint. For example, in a matter against Eli Lilly in 2009, approximately $360 million of a total $800 million in settlement funds was attributable to state whistle blower wrong. These were Medicare and Medicaid losses says Orange County employment attorney. California recognizes "common law" public policy exception to "at will" employment says employment attorney Los Angeles. Thus, an employee may not be fired if the conduct by the employer complained of is a deeply rooted, fundamental one. More specifically, California Labor Code 1102.5 provides that no employee may be fired or made to suffer adverse job action where the employee "has reasonable cause to believe that the information (provided to officials) discloses a violation of state or federal statute or a violation or noncompliance with a state or federal role or regulation." This section also prohibits retaliation against an employee who refuses to participate in illegal activity. Labor Coded 2802 more generally prohibits an employer from making an employee work in an illegal environment. This code section is probably the most employee-friendly code in the entire United States, since it (at section 1102.6) requires the employer to prove by clear and convincing evidence that the whistle blowing is not the proximate cause of the adverse job action. Additionally, California Insurance Code Section 1887 allows for a member of the public (not necessarily an "employee") to sue on behalf of insurance companies that are defrauded by false claims. The California Whistle blower Protection Act, Section 8547; California Government Code 12650 and other provisions provide additional protections. Yet another example is the California Health and Safety Code, Section 1278.5 and Section 53298. Many state false claims acts require the same general steps as filing a federal qui tam action, such as filing under seal, being the "original source" of the information, and providing a statement of material facts in support of the allegations. Extreme attention to detail must be paid! says whistleblower attorney Orange County. Primarily, fraud allegations (as in any civil lawsuit) must be pled with great specificity. Sometimes that means actual "time, date and place" information. As always, this should be considered educational and not legal information. Only an attorney licensed to practice in your state and knowledgeable about your employment issue can give competent legal advise. San Diego employment attorney, Orange County employment attorney, employment attorney Los Angeles, whistleblower attorney Orange County.