State and federal statutes protect employees who report evidence of fraud or wrongdoing from retaliation. These employees who alert government authorities to wrongdoing are sometimes referred to as whistleblowers and the laws that protect them from retaliation are known as whistleblower laws.

For example, the Whistleblower Protection Act of 1989 is a federal statute that protects federal government employees who report possible wrongdoing from retaliation. See 5 U.S.C. §2302(b)(8). Whistleblowers are required to submit information and documents to support their claims, and may be subject to criminal prosecution for making a false claim.

And employees of manufacturers, private labelers, distributors, and retailers are protected from retaliation by their employers for disclosing activities related to the violation of the federal consumer product safety law. See 15 U.S.C. §2087.

Whistleblower laws vary from state to state and in the federal system—and with the nature of the wrongdoing or illegal activity reported—but generally involve the protected disclosure by an employee of:

• the violation of any state or federal law, rule, or regulation;

• fraudulent billing of a state or federal governmental entity for goods or services;

• gross mismanagement of a state or federal contract or grant;

• gross mismanagement;

• gross waste of funds;

• abuse of authority;

• substantial and specific danger to public health or safety.

In California, whistleblowers are protected under both state and federal statutes when they report evidence of fraud or wrongdoing. The Whistleblower Protection Act of 1989 is a federal law that safeguards federal employees who disclose potential violations from retaliation. Under California law, specifically the California Whistleblower Protection Act (Government Code sections 8547-8547.12), state employees who report waste, fraud, abuse of authority, violation of law, or threat to public health without suffering retaliation are protected. Additionally, private sector employees are protected under California Labor Code sections 1102.5 and 6310, which prohibit employer retaliation against employees who report legal violations or unsafe working conditions. The federal statute 15 U.S.C. §2087 specifically protects employees involved with consumer products from retaliation for reporting legal violations. Whistleblowers must provide information and documentation to support their claims and may face criminal charges for making false claims. The protections cover disclosures related to violations of laws, rules, or regulations; fraudulent billing; gross mismanagement; waste of funds; abuse of authority; and dangers to public health or safety.