• 30
  • June
    2010

Wrongful termination, harassment and demotion are just some of the hazards faced by whistleblowers across the country. Though illegal, this sort of retaliation is far too common and, without government intervention, honest workers will suffer the unfair consequences of having a conscience.

This is exactly why states like California have passed laws protecting whistleblowers in the state from retaliation at the hands of their employers. However, a law is only as effective as those enforcing it. In California, for instance, it has not been very effective at all.

OSHA asks that investigations into whistleblower claims, and any claims of retaliation, be completed within three months. While many states fall within this time range, California investigators often take more than a year to close a whistleblower case.

Especially for those alleging wrongful termination, a year may be far too long to pursue the case. Bills need to be paid and decisions made.

California's Division of Labor Standards Enforcement (DLSE) handles all investigations into employer retaliation. Even though hundreds of complaints are handed in each year, this division employees only five full-time investigators whose job it is to evaluate each claim.

Many have upwards of 50 cases open at once.

As reported by Southern California Public Radio, a great number of retaliation cases are thrown out because the filers have either given up on their claim and moved on or simply cannot be located.

Obviously, this situation does little to reassure those considering whether or not to blow the whistle on dangerous or questionable practices. This is a problem for California and, indeed, the nation.

Related Resource