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The Basics of the California Whistleblower Protection Statute |
Article Submitted by: Mesriani Law Group
Thursday, 28 January 2010
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There are various whistleblower laws and acts that protect the rights of people to report illegal practices in the workplace.
One of those laws is the California Whistleblower Protection Statute.
The California Whistleblowers Protection Statute is also known as Senate Bill 777 or SB 777. Senate Bill 777 was signed onto law by then California Governor Gray Davis last 2003. The law took effect last January 2004.
The law applies to all employers in California that includes state, county and city governments, school districts and the University of California.
SB 777 provides protection to employees who:
• Report a state or federal law violation
• Refuses to participate in an activity that is in violation of any federal or state laws
• Exercised these rights in their previous employment
It also protects employees from retaliation by their employers for reporting illegal practices to authorities.
SB 777 also makes it illegal for employers to create and implement policies that will prevent an employee from informing the proper authorities about violations of state and federal laws.
Lastly, it also requires businesses to post information about employee rights and duties with the whistleblower hotline.
Posting Requirement
Employers are required to display in lettering larger than size 14 a list of employee's duties and rights under the various whistleblower laws and acts.
Whistleblower Hotline
The office of the Attorney General is required to have a whistleblowers' hotline to receive complaints and reports about possible illegal work practices or violations of any federal or state laws.
The Attorney General is also required to forward such calls to the appropriate government agency that will handle and investigate the supposed illegal practice.
Penalties
Aside from the penalties that an employer may incur from violating federal and state laws like:
• Occupational Safety and Health Act
• Civil rights Act of 1964
• California Fair Employment and Housing Act
• Fair Labor Standards Act
• Age Discrimination in employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Employee Retirement Income Security Act (ERISA)
• California Paid Leave Act
• Family Medical Leave Act
Businesses, who are corporations or limited liability companies, may also be held liable for civil penalties that may reach up to $10,000 for every violation of the Whistleblowers Protection Statute.
Employer's Burden of Proof
Once an employee shows through evidence that the employer fired, suspended, demoted or committed actions against him or her in retaliation for participating in an activity protected by SS 777, the employer will then have the burden of proof to show otherwise.
The employer, through clear and convincing evidence, will have to show that the actions they took against the employee would have been the same, regardless if the employee did or did not engage in any of the protected acts of SB 777.
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Visit our website to help you understand whistle blowing laws. Dial our toll free number for legal assistance.
Visit our website to help you understand whistle blowing laws. Dial our toll free number for legal assistance.
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