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employment attorney Orange County : California Whistleblowers

employment attorney Orange County : California Whistleblowers

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Published by: employmentattorney on May 19, 2011
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employment attorney Orange County
California Whistleblowers
Many California employees contact us to find out if they are entitled to "whistleblower"protection. Both state and federal laws protect persons who report illegal activity by their employers says
employment attorney Orange County
. To be protected, an employeeusually only has to have a "reasonable but mistaken belief" that illegal activity is afoot.In California, whistleblowers are protected by Labor Code 1102.5 which prohibitsretaliation against an employee who complains about illegal activity. This is a very toughlaw for employers to prevail on, since the very next code section (1102.6) provides thatthe burden of proof is on the employer to prove by clear and convincing evidence thatthe whistleblowing about illegal activities had nothing to do with the adverseemployment action. According to
employment lawyer Orange County
, an employee can claimretaliation under the federal qui tam laws, where it is shown that the whistleblower wasdischarged, demoted, or discriminated against because of lawful acts done infurtherance of a false claims investigation. If the relator basically violates confidentialityand removes tens of thousands of documents indiscriminately, in order to later prove aqui tam case, there will probably be a finding of non-protected activity and the loss of the right to bring a retaliation action under the federal law.When a whistleblower actually sues his or her former employer on behalf of thegovernment for monies lost by the government, it must be shown that the governmentwas actually defrauded and lost money says
employment attorney Oakland
. Thefederal false claim act is found at 31 United State Code 3729. A recent case illustratessome of the differences in "reasonable but mistaken" (sufficient to support a wrongfultermination claim) and actual false billings. In this case the plaintiff contended that her employer withheld disclosure of new inventions from the government, stating that thecontract with the company provided that the government owned the inventions. As thegovernment would have had the right to license and sell these new inventions, thetheory of the employee went, the United States was defrauded by not having that rightof sale. Unfortunately for the plaintiff, she was unable to allege that the employer ever sought payment from the government and had not submitted a "false claim".
Employment attorney San Diego
says that false claims take many forms such asfraudulent use of a receipt; unauthorized purchase of government property or use of a

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