The State Legislature enacted the Whistleblower Protection Act (Government Code Section 8547 and following) to protect the right of state employees to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. Therefore, the Act authorizes a state employee who is the victim of whistleblower retaliation to bring an action for damages in superior court and to recover, if appropriate, punitive damages and attorney fees. The employee must first file a complaint with the State Personnel Board and the Board must make a preliminary decision.

Although the Whistleblower law applies only to state employees, private employees are protected from retaliation for reporting illegal acts by their employer under several principals of law. The basis most commonly used is the prohibition against wrongful termination in violation of public policy. The law applies not only to wrongful termination but also to other adverse employment actions such as demotion or suspension. The party must show that there is a strong connection between the adverse employment action and the protected activity of the employee. To support an illegal discharge claim their must be a violation of fundamental public policy which is set out in the constitution or a state law. Examples would be a firing because someone reported the employer for violations of the labor code such as not issuing pay checks on time, the employee reported violations of the state OSHA provisions, or a firing for the employee supporting a political candidate disfavored by the employer.

If you have experienced a negative job action because you have reported your employer or if you feel that you have been wrongfully terminated or not treated fairly at work because of your race, gender or disability, you should contact an attorney to discuss your treatment. Experienced employment law attorneys can help you get reimbursement for the poor treatment. We, at Bowman and Associates are experienced employment attorneys that can maximize any award that you receive. I, David Foos, am a former Sacramento Superior Court Judicial Officer and am highly experienced in employment law. I can help you be successful in any claims that you may have against your employer. Please contact me at (916) 923-2800, or on the web at dfoos@bowmanandassoc.com.