We Serve Clients Throughout California and Beyond.

Can independent contractors be whistleblowers?

On Behalf of | Nov 21, 2024 | Whistleblower/Retaliation

Whistleblowing helps uncover wrongdoing and protect the public. In California, new laws now protect more than just regular employees. Independent contractors can report illegal activities without fear of retaliation. This change shows that people understand how work is changing. It is vital to protect those who speak out against misconduct.

What can protect independent contractors?

California law protects employees who report wrongdoing. The Labor Code defines a whistleblower as someone who tells about violations of laws or rules. Recent changes now include independent contractors as “employees” in some cases.

The law also protects workers who report illegal activities from retaliation. Recent legal cases suggest that independent contractors might also get these protections if they face retaliation. Judges look at how much control the hiring company has over the worker, blurring the line between an employee and a contractor. These changes show that all workers, regardless of status, have the right to report wrongdoing without fear.

What legal developments impacted whistleblower protections?

The California Supreme Court’s decision changed how we classify workers. They introduced the “ABC test.” This test helps decide if a worker is an employee or an independent contractor. Under the ABC test:

  • A: The worker needs freedom from the hiring entity’s control.
  • B: The worker should do tasks outside the hiring entity’s usual business.
  • C: The worker must have an independent trade or business like their work.

This test makes it more likely that some independent contractors will become employees. As employees, they get whistleblower protections under California law.

Who can you trust to take on your side?

If you are an independent contractor seeking to investigate suspicious business activities, you should know how the law can protect you. Talk to an attorney whose foundations are integrity and trust. They can help you understand your rights and options in this situation.