A whistleblower is a private or public employee who discloses to a law enforcement agency or public entity, or to a person who has authority over that employee, information related to a violation of a State or Federal law or a dangerous workplace condition that may impact the health and safety of others.

A whistleblower can also be a person who refuses to comply with a company policy that violates federal, state, or local law.

California Labor Code Section 1102.5 protects whistleblowers, both private and those working for Federal or State agencies, from retaliation for revealing information referred to above or failing to participate in activities that violate federal, state, or local laws.

California Law encourages employees to reveal rather than conceal information that would violate laws regarding health and safety or public finances.

Taxpayer funds should be protected, and Federal and California laws go a long way toward protecting and rewarding whistleblowers.

There are many whistleblower statutes and rules concerning various industries, and the following are just a summary of some of the types of whistleblower claims. The types of whistleblower cases that have been made recently include:

• off label marketing
• unnecessary or fraudulent medical billing
• selling defective equipment to the military
• Medi-Cal or Medicare overbilling
• bid-rigging
• selling substandard parts
• kickbacks for patient referrals
• nursing home drug contracts that were fraudulent
• medical or defense industry billing fraud
• billing for unnecessary blood tests
• excessive billing for dialysis patients
• billing for defective medical monitoring devices
• securities and financial fraud

If in doubt, please call our Sacramento Employment Attorneys anytime to see if you have an actionable case.

If you report a whistleblower violation, and the violation results in a successful verdict or settlement by the Whistleblower attorney, the various whistleblower laws provide for between 10 and 30 percent recovery for the whistleblower.

Additionally, you are protected from retaliation from your employer. If the employer retaliates against you for whistleblowing, you would have an additional action for wrongful discharge and any recovery you may be entitled to as a whistleblower.

There are many large corporations in Sacramento, and we are experienced in helping you if you have a situation with any of them.

If you know of illegal activity that violates the law or is a danger to the health and safety of your fellow employees, or if you feel you have been retaliated against for whistleblowing, you will need the guidance of a knowledgable lawyer. Please call our experienced Sacramento Employment Attorneys today at (916) 921-6400 or (800) 404-5400 for free and friendly advice. You can also contact us through our online form.

We are proud members of the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

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Editor’s Note: This page has been updated for accuracy and relevancy [cha 4.18.22]

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