Proving an Employee Is the Victim of Whistleblower Retaliation

There are many things that employers ask their employees to do in California. While most of the time the tasks that people are asked to do or the information they learn is legal, that is not always true.

Employees sometimes are asked to do things that are illegal or otherwise learn that the company is breaking the law in some way. Employees can refuse to do things that are illegal and are encouraged to report illegal activity to the proper authorities.

However, this can put the employee in a difficult position. Many employees could be concerned about how their employer will react and whether they will take adverse action against them. This is also illegal. If an employee is the victim of whistleblower retaliation, they may be entitled to compensation.

Proving they were indeed a victim of retaliation is essential. Sometimes, it can be relatively easy, such as when the employer makes comments referencing that the employee was fired because they reported the company to law enforcement. However, most of the time, employers mask it. This means that the employee must look at circumstantial evidence such as the timing of the adverse actions, changes in the explanation for the adverse action, past retaliation against employees, and other evidence.

People in California work many different types of jobs, but each type of company has certain laws they must follow. Sometimes these companies do not follow the laws, and employees of the company may know it. If they do report the activity, the employer cannot retaliate against them, and if they do, the employee may be entitled to compensation.

Sometimes, proving whistleblower retaliation can be difficult, though, and consulting with an experienced attorney can be beneficial.