According to the US Securities and Exchange Commission, a total of approximately $255 million had been awarded to 47 whistleblowers through the SEC’s whistleblower award program by the end of the fiscal year 2024.
In a workplace, Miami whistleblower attorney Gary A. Costales says that an employer who retaliates against an employee who is a whistleblower is deemed illegal. Employees can take legal action to recover the damages they suffered due to a demotion or wrongful termination.
Let’s learn more about the rights a whistleblower has in California and Miami and how you can stand your ground.
Overview of Whistleblower Protection Laws in California
California’s Whistleblower Protection Act protects employees who report illegal or unethical activities of their employers. Any employee is protected from any form of retaliation and is still assured of job security despite the exposé. If an employer retaliates, you have grounds to sue them.
The state may promote such reporting by hiding your identity to grant you a sense of security. This is very important as to not risk your own safety and career when reporting misconduct.
Overview of Whistleblower Protection Laws in Miami
Miami whistleblower protection laws are different from California’s protection system. Miami whistleblower protections mainly follow federal laws and a few Florida statutes.
As an employee in Miami, you will be protected from reporting illegal activities or misconduct in government or public sector entities. The Florida Whistleblower Act prohibits consequences against employees who report wrongdoing.
Unlike in California, the protection is of minimal scope because you must comply with certain procedures, like reporting your issue either to your employer or to the appropriate authority, to validate your complaint.
It will entail you going through the difficult process of availing legal services when the retaliation is taken to court. Stay informed about the Miami whistleblower protection laws when fighting for your rights.
Key Differences in Reporting Procedures
The reporting procedures widely vary in California and Miami.
In California, an employee needs to go first to his or her employer or occasionally an agency like the California Whistleblower Protection Program. This process aims to establish internal reports first before going out for resolution. In Miami, you focus first externally by reporting to the Miami-Dade County Office of Inspector General or other local offices.
In California, an anonymous complaint is permitted. However, in Miami, you might be required to unveil your identity to proceed with the investigation.
Protections Against Retaliation
Both California and Miami states’ whistleblower protection laws prevent retaliation against anyone reporting wrongdoing.
In California, labor law prohibits an employer from retaliating against you for reporting the employer’s illegal conduct. Miami protects you under many laws so that you may report misconduct without being terminated or intimidated.
Upon facing retaliation, you may report the situation to authorities or sue for your rights. Understanding your rights will give you the confidence to act and speak for yourself in the workplace.
Resources for Whistleblowers in California and Miami
These protection services aim to support you throughout the reporting procedures.
California whistleblowers can contact the California Whistleblower Protection Program for potential advice, counseling, and legal assistance. Other resources include the Department of Fair Employment and Housing (DFEH) for concerns involving the workplace.
Miami whistleblowers can reach out to the Miami-Dade County Office of Ethics and Public Trust. Consulting a lawyer specialized in whistleblower protection can play a big role in your case.
Document all your experiences and collect evidence to solidify your case. These will serve as your protection throughout the whistleblowing process.
