What happens after a whistleblower claim has been filed?

After a whistleblower claim has been filed in California, the California Labor and Workforce Development Agency (LWDA) will review the claim to determine if it is a valid complaint and if the claim may proceed. If the LWDA decides that the claim is valid, they will then investigate the allegations to assess whether or not there is evidence to support the claim. If the LWDA determines that there is evidence to support the claim, they will contact the employer and provide them with an opportunity to respond to the allegations. The LWDA then reviews the response from the employer and makes a decision on whether the complaint is substantiated or not. If the evidence supports the whistleblower’s claim, the LWDA may order corrective action, such as reinstatement, back pay, and penalties against the employer. In some cases, a lawsuit may be filed on behalf of the whistleblower to seek compensation for damages. The LWDA will also notify the whistleblower of the outcome of the investigation. If the whistleblower does not agree with the decision, they can appeal the decision to an appellate court. In addition to the LWDA’s review process, the whistleblower can also file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC investigates workplace discrimination and, if substantiated, can order the employer to take corrective action such as reinstatement or back pay.

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