Retaliation and Whistleblower
Whistleblower and retaliation cases are very similar. A whistleblower is an individual who exposes misconduct or illegal activity occurring in an organization. For employment claims, the whistleblowing may be to a governmental agency or a company insider. A whistleblower is protected from retaliation by the employer. In other words, the employer may not terminate, demote, or otherwise negatively impact that employee’s position with the company based on that employee’s whistleblowing activity. The misconduct or illegal activity that is exposed can be in the form of a violation of law or regulation, fraud, health and safety violations, and/or corruption. California has adopted statutory protections to prevent retaliation against whistleblowers, particularly in the employment context.