Can a whistleblower recover damages for emotional distress?

Yes, a whistleblower in California can recover damages for emotional distress. In California, the False Claims Act requires that any employee who has been retaliated against in any way for “whistleblowing” be entitled to damages. This includes damages for emotional distress. The employee can be awarded damages for loss of reputation, emotional distress, mental anguish, and any other form of non-economic harm that was caused by the retaliatory action of their employer. Whistleblowers are protected from retaliation in the workplace and are able to seek justice if they are wronged. The law covers all forms of retaliation, including reassignment of job duties, loss of raises or promotions, denial of reasonable accommodation, or termination. It also applies to any employee who discloses or threatens to disclose any information that they believe shows a violation of law, gross mismanagement, waste, abuse of power, or a substantial and specific danger to public health or safety. If an employee decides to pursue a claim, they must be prepared to prove the emotional distress they experienced. This may include showing evidence that their work environment changed after they blew the whistle, that their duties were limited or reassigned, or that their psychological well-being suffered due to their employer’s actions. If the employee prevails, they will be awarded damages that include back pay, attorney’s fees, and emotional distress damages.

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