In a win for workers’ rights, the federal Court of Appeals for the Ninth Circuit has reaffirmed California’s whistleblower protection laws.
The case in question was Killgore v. SpecPro Professional Services, LLC. In this lawsuit, Mr. Killgore sued his former employer, SpecPro Professional Services, for allegedly terminating him in violation of California’s whistleblower protection laws.
Mr. Killgore was fired after he reported concerns to his employer that a contracted client’s requests violated the National Environmental Policy Act (“NEPA”). SpecPro was contracted by the Army Reserve to produce an environmental assessment on land involved in a helicopter project. The Army Reserve’s project leader instructed Mr. Killgore to leave out information from the environmental review in ways that he believed would violate NEPA.
Mr. Killgore notified his manager of these concerns and refused to leave out information in violation of NEPA. When the Army Reserve project manager complained about his compliance with the law, he was fired.
He chose to sue SpecPro for wrongful termination and violation of whistleblower protections. Initially, the district court awarded SpecPro a summary judgment because Mr. Killgore did not have “the authority to investigate, discover, or correct the violation or noncompliance,” arguing that this meant his job wasn’t protected. However, Mr. Killgore appealed. The Court of Appeals for the Ninth Circuit heard the case and determined that the district court has misapplied California’s whistleblower protection laws.
The appellate court’s decision reaffirms California state laws which protect all workers who report wrongdoing by their employers, regardless of whether it is a part of their job duties. In addition, it confirms that reporting potential illegal activity before it occurs is protected, so workers do not need to wait until after the law has been violated to file a report.
All of these are important wins for California employees. If you are concerned about retaliation for reporting illegal activity within your workplace, this decision affirms and even widens your protection.
How California Protects Whistleblowers
California has some of the broadest whistleblower protections in the country. Under state law, employers cannot retaliate or penalize workers for any of the following:
- Notifying a government agency that their employer has violated laws, regulations, or public policy
- Reporting violations to their supervisor or other authorities within their organization who can investigate the matter
- Making complaints to the California Labor Board
In short, workers always have the right to report legal, safety, or regulatory violations to the appropriate parties. Their employers cannot fire them, cut their hours or wages, or otherwise harm their employment for doing the right thing.
The Killgore decision reaffirms these rights. More importantly, it clarifies that employees are protected whether these disclosures are normally part of their job and that the illegal activity does not need to have occurred yet for employees to be protected if they make reports.
The Importance of Strong Whistleblower Protections
But why are these protections so important? They matter because they prevent companies from punishing people who speak out against unlawful behavior.
Many state and federal regulations are intended to prevent companies from taking shortcuts that put people at risk to save money. Without whistleblower protections, unscrupulous employers could threaten their employees with termination for reporting violations. The possible loss of their careers and income would discourage most people from doing the right thing.
The protections people receive for blowing the whistle on unlawful behavior have demonstrably increased people’s willingness to report illegal activities by their employers. Even if someone does suffer retaliation, they have the right to sue their employer for the losses they suffer, providing them with the security to report violations.
What to Do If You Face Whistleblower Retaliation
California laws make retaliating against a whistleblower unlawful. However, companies that do not care about or understand this law may do so anyway. So what happens if, like Mr. Killgore, you’re fired for reporting potentially illegal activities? That’s when it’s time to get help.
Your first step should be to contact an experienced employment law attorney. Your former employer will have a legal team on their side, so you should have the same support. Your attorney will help you understand your rights and determine the best path forward for your claim.
Next, you’ll work with your retaliation lawyer to build your case. This will likely include the following:
- Gathering evidence of your employer’s unlawful activities. Ideally, you’ll have copies of the reports you made alongside proof of unlawful activity. This can include emails, memos, and any other communications involved in your report.
- Collecting documents demonstrating the retaliation you suffered. You will need to prove that the adverse employment action you experienced was because of your report. Your attorney will help you collect things like past annual reviews demonstrating your quality of work, your termination notice, and other information that shows you suffered retaliation.
- Filing a claim with the Labor Commissioner. Many employment law cases begin with a report to the Labor Commissioner. Your lawyer will help you determine if this is necessary and file the appropriate documents to start your claim.
- Settling or litigating your case. If your employer is willing to negotiate, you may not need to pursue a lengthy court battle. Settlements can include being reinstated to your old position and receiving back pay and other damages. However, if the company refuses to settle, your lawyer will represent you in court to hold your employer accountable for punishing you after you did the right thing.
Get Help From Experienced Los Angeles Retaliation Attorneys
Don’t let your employer punish you for reporting illegal behavior. Instead, get help. At the Law Offices of Todd M. Friedman, P.C., we specialize in helping employees fight back against employers who violate their rights. We have the skills, experience, and resources to hold even the biggest companies accountable for whistleblower retaliation. Learn how we can help you by scheduling your consultation today.
