Whistleblower Confidentiality

Answer:

We do a lot of cases involving what’s called whistleblower lawsuits. Those whistleblower lawsuits typically are employees that complain about either unlawful conduct – based on a federal, state, or local law – or unsafe conduct, where the employer is engaging in conduct that’s either unsafe to the employee or unsafe to the general public. Sometimes those complaints are known. Sometimes they’re written complaints, and sometimes those employees that make the written complaints put their name on it. Sometimes there are written or electronic complaints in which they’re anonymous. Both types of complaints are protected under California law. With a written complaint, it’s a little bit easier because the employer knows who made the complaint. With an anonymous complaint, for the most part, you can still show that you were retaliated against because the employer believed you made the anonymous complaint. If an employer retaliated against you, either because they know you made a complaint, either internally or externally, or they believe you made an anonymous complaint, either internally or externally, it’s important for you to understand that you have the right not to be retaliated against. I should also say that sometimes it doesn’t actually require an actual complaint. It could be an actual opposition or refusal to go along with what you believe is an unlawful scheme. You basically throw up your hands and say, “I’m not going to do that. It’s unsafe,” or “I’m not going to do that; it’s unlawful.” You actually don’t ever complain to a governmental agency or you don’t ever complain to HR or somebody that has the ability to investigate it; you simply say you’re not going to be a part of it. While the laws are at times complex and not easy to understand, it’s important for you to understand that you do have rights under California law. If I can answer any of your questions regarding any issue at work, including whether or not your complaint should be anonymous or whether or not your complaint should have your name on it, or whether or not you’ve been retaliated against for making a complaint or for opposing what you believe is unlawful or unsafe conduct, feel free to give me a call. I’d be happy to answer any questions you may have.