Whistleblower Attorney in San Jose, California

Under OSHA and California state laws, employers are required to maintain a safe, healthy, and conducive workplace environment. Likewise, employers are prohibited from retaliating against employees who report work-related injuries, injustice, and other workplace violations. If you believe that you've been retaliated against for reporting safety, health, or ethical law violations at your workplace, it’s natural to feel frustrated. 
 
Reach out to an employment law attorney as soon as possible. Attorney Joel P. Waelty has devoted his career to offering skilled legal services and advocacy for whistleblowers. As your legal counsel, Joel can investigate all of the facts of your case and explore your possible legal options. 

Additionally, if you were falsely accused of retaliating against a whistleblower, Attorney Joel P. Waelty will represent you diligently in your case. No matter your perspective, your rights deserve to be protected. 

Law Offices of Joel P. Waelty proudly serves clients throughout San Jose, California, and the surrounding areas across Silicon Valley, from Monterey to Oakland. Set up a consultation today. 

What Is Whistleblowing?

Workplace whistleblowing can be described as the process of reporting a wrongdoing or violation in a company or organization. Such whistleblowing acts may include reporting financial misconduct, sexual harassment, discrimination, or safety violations. 

Common Cases of Whistleblower Reports

Some common cases of whistleblowing reports at the workplace include: 

• Bribery 

• Corruption 

• Mismanagement 

• Workplace discrimination and harassment 

• Financial misconduct 

• Insider trading 

• Breaches of law and crimes 

• Misuse of data 

• Human rights violations 

If you have been retaliated against at your workplace for reporting violations of certain laws or for making protected disclosures, you need to reach out to a reliable whistleblower attorney immediately. Your legal counsel can help you understand the laws designed to protect your rights and can help you determine how to move forward. 

What Laws Protect Your Right to Report Violations?

Here are some laws that protect the rights of employees to report violations at the workplace: 

OSHA 

There are over 20 whistleblower acts and statutes enforced by the Occupational Safety and Health Administration (OSHA) that prohibit employers from retaliating against an employee for reporting various workplace safety and health, environmental, and tax law violations and for engaging in other protected activities. 

Dodd-Frank Act 

According to the Dodd-Frank Act, the Securities and Exchange Commission prohibits employers from retaliating against whistleblowers and provides them with a private cause of action if they are discriminated against or discharged by their employers. In addition, the Act provides an award to eligible whistleblowers who voluntarily provide the Securities and Exchange Commission (SEC) with original information about a violation with potential sanctions of more than $1 million. 

Whistleblower Protection Act (WPA) 

The Whistleblower Protection Act (WPA) protects Federal employees or applicants for Federal jobs from retaliation for making protected disclosures. In addition, supervisors who retaliate against whistleblowers will be subject to certain penalties. 

Whistleblower Protection Enhancement Act (WPEA) 

The Whistleblower Protection Enhancement Act of 2012 (WPEA) provides protection to federal employees who disclose evidence of fraud, waste, or abuse. 

California State Laws

In California, an employee is within their rights to "blow the whistle" on an employer who commits fraud, abuses labor laws, or partakes in unlawful activity. Also, the California Whistleblower Protection Act forbids employers and state officials from retaliating or attempting to retaliate against a whistleblower. 

Protected Activities

Common examples of legally protected activities include, but are certainly not limited to: 

• Filing a complaint with the Labor Commissioner 

• Assisting investigations in a workplace discrimination claim 

• Complaining about health and safety conditions or practices at the workplace 

• Rejecting—and reporting—sexual advances 

• Discussing or disclosing wages to uncover discrimination 

• Engaging in political activity 

• Intervening to protect other employees from sexual harassment 

• Asking for appropriate accommodation from your employer as a result of a disability 

• Disobeying orders that may lead to discrimination 

• Taking time off from work to appear as a court witness or serve on a jury 

If you're facing retaliation for engaging in a legally protected activity, a California whistleblower attorney can help protect your rights every step of the way. 

Protection Against False Claims

Keep in mind that there is something called the False Claims Act. According to the False Claims Act (FCA), any individual who deliberately submits, or causes to submit, false claims to the government will be held liable for three times the government's damages plus a penalty. In addition, private parties are allowed to file qui tam actions against defendants who defrauded the federal government. 

How Legal Counsel Can Help

Employees are often required to report or file a complaint for violations of safety, health, or ethical laws and other unlawful activities at the workplace. In the event that your employer retaliates against you for whistleblowing or engaging in a protected activity, you may be entitled to seek relief. An experienced employment law attorney can fight for your rights and explore your legal options. 

Attorney Joel P. Waelty has the diligence to represent clients in their whistleblower and workplace retaliation cases. As your attorney, Joel will examine the facts surrounding your case and strategize a path forward. Ultimately, he’s proud to offer personalized guidance to help you uphold your rights.