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  • Writer's pictureMarcarian Law Firm

Whistleblowing versus Retaliation: What’s The Difference?

Updated: Dec 19, 2023


Whistleblower attorney

Whistleblowing is a great way to help your company and the public, but it can also be very risky. If you are considering whistleblowing at work, consult with an Employment Law Attorney to ensure that your actions are protected from retaliation.


Whistleblowing

Whistleblowing is a protected activity under the law. It's when someone discloses information about wrongdoing to a government or regulatory agency and helps stop it from happening.


Whistleblowers are legally protected from retaliation, so they can't be fired, demoted, or otherwise punished for their actions. They also have the right to file lawsuits if they're wronged by employers who retaliate against them after blowing the whistle on wrongdoers.


Whistleblowing can be done internally or externally: internally within an organization where whistleblowers expose misconduct; externally by going public with information about wrongdoing and letting people know what needs fixing.


Retaliation

Retaliation is a form of workplace retaliation that occurs when an employee is fired, demoted, or otherwise punished for speaking up against the employer. This can be done in either subtle or overt ways:

  • Subtle forms of retaliation include a demotion to another position with less pay and benefits, or being transferred to a remote location where it's more difficult to communicate with coworkers.

  • Overt forms include termination for speaking out about wrongdoing at work—the type of thing whistleblowers often do before they're fired!

If you are considering whistleblowing, consult with an Employment Law Firm Los Angeles to ensure you are protected from retaliation. Whistleblowers may be protected by the federal False Claims Act and state whistleblower laws.


The federal False Claims Act protects those who report fraud against the government. The law allows whistleblowers to receive monetary rewards if they can prove that the government was defrauded through false or fraudulent claims for payment.


It also protects them from retaliation if their reports lead to the successful recovery of funds for taxpayers. Similarly, state statutes also provide employees with protection from retaliation when they make good faith disclosures about wrongdoing at their employer's place of business or within its purview (such as internal investigations).


Whistleblower Attorney

Whistleblowing is an important direction for employers and employees to take. It can help them do the right thing, but it also requires a lot of preparation and can put you at risk for retaliation. If you are considering whistleblowing, consult with an employment law attorney to ensure you are protected from retaliation.


If you suspect something is off in your company or organization, know your rights. You have the right to speak out without fear of losing your job or your reputation. Our Whistleblower Attorneys at Marcarian Law Firm in Thousand Oaks are here to give you a better understanding of your options in your situation.


We are here to support your decision and fiercely advocate for you after any fallout. To learn more, you can contact us for a consultation by clicking here or calling us at 818-995-8787.

Marcarian Law Firm

818-995-8787

21650 W Oxnard Street, Suite 1980

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