California and Nevada Protections for Retaliation Against Whistleblowers

Trusted attorneys sort out the legal protections provided by state and federal whistleblower laws

The legal protections for a whistleblower against an employer’s retaliation vary from state to state and between the state and federal governments. Determining which laws and protections may apply in your case requires attorneys who are experienced handling whistleblower cases. At The Drakulich Firm, A Professional Law Corporation, we are seasoned lawyers who have that experience, and we are committed to treating our clients as members of our family.

Statutes that protect whistleblowers

State and federal laws prohibit retaliation against government employees who in good faith blow the whistle on the state or federal agency in which they work. As of this writing, California’s Whistleblower Protection Act (9149.20–9149.23) explicitly prohibits California state employees from harassing a whistleblower. In the words of the statute:

An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to [do those things to] any person for the purpose of interfering with the right of that person to disclose to a legislative committee improper governmental activities.

The statute goes on to say that any employee in violation may be sued by the whistleblower.

The state of Nevada does not have a single law that is equivalent to California’s Whistleblower Protection Act. However, it has several laws that provide similar protection to employees who work in the mental health field or who have filed a complaint against a business under Nevada’s Chapter 618, Occupational Safety and Health provisions.

Certain federal laws protect employees who report violations of those laws by their employers. Examples of these federal laws are:

  • Clean Air Act
  • Safe Drinking Water Act
  • Toxic Substance Control Act

Our attorneys can help sort out the protections offered by federal and state laws and develop legal protections for your specific situation.

Protection from employer retaliation

Outside of retaliation prohibitions in specific laws, a whistleblower generally has the right to bring a lawsuit against harassment in the workplace. Sometimes the threat of a lawsuit can be enough to prevent employer retaliation. Workplace retaliation can take many forms — some obvious, others more subtle:

  • Demotion
  • Firing
  • Denying a promotion or pay raise
  • Reassignment to an inconvenient location
  • Verbal taunting and harassment

Again, a lawyer experienced with litigating fraud cases and representing employees in whistleblower cases can best implement an effective approach to avoid or fight retaliation attempts. We at The Drakulich Firm have that experience and are committed to protecting our clients.

For answers to some frequently asked questions about whistleblower law, see the whistleblower FAQ.

Discuss your retaliation concerns with an experienced whistleblower attorney

To learn more about how The Drakulich Firm, A Professional Law Corporation can protect you from employer retaliation, call us at 858-755-5887 or contact us online to schedule a free initial consultation today. Our appointment schedule is flexible for your convenience. Our offices are located in San Diego, CA and Reno, NV.