San Francisco, CA employment attorney Traci M. Hinden talks about whistleblowers in the workplace. She explains that a whistleblower is someone who makes a complaint, questions a direction, or raises concerns about workplace conduct that they reasonably believe is illegal. She notes that the conduct does not necessarily have to be proven illegal, as long as the employee genuinely believes that the activity violates the law and raises the concern either with someone in management, such as a supervisor, or with an outside agency. For example, she points out that an employee who observes an unsafe workplace and files a complaint with OSHA may be considered a whistleblower.

She acknowledges that many employees are hesitant to raise concerns about potentially illegal conduct because they fear that doing so could negatively affect their jobs. However, she emphasizes that speaking up can provide important legal protection, whereas remaining silent about conduct the employee knew or reasonably believed was illegal may leave them without whistleblower protection if they are later terminated.

She further clarifies that whistleblower protection does not automatically restore an employee’s job after termination or immediately remedy the harm they experienced. Instead, the protection generally provides a legal basis for the employee to pursue a claim or lawsuit later if the employer retaliates against them for engaging in protected whistleblowing activity.