Can a whistleblower be liable for damages for filing a false claim?
In California, a whistleblower can be liable for damages if they file a false claim. This is because California follows the rule of tort law, which is the body of law that allows individuals to be held accountable for their actions and any damage that results. According to California Penal Code section 128.7, individuals who knowingly make a false claim for financial gain can be held civilly liable for any damages caused. These damages may include the reimbursement of any rewards from the state, loss of wages due to the false claim, and any additional costs associated with the investigation of the claim. The California Labor Code also contains provisions that protect whistleblowers from retaliation and provides remedies for those who suffer from an employer’s retaliatory action. Under this Code, employers are prohibited from retaliating against a whistleblower for filing a claim, even if it is found to be false. In summary, filing a false claim as a whistleblower in California can result in civil damages, but it does not necessarily result in criminal liability. In addition, whistleblowers are protected from any form of retaliation by their employers, even if their claims are false.
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