Protecting Your Retaliation Or Whistleblower Claim
Most people naturally want to behave morally and in compliance with the law. But that’s not always easy to do when your employer has a different agenda. Thankfully, federal and state laws protect employees against retaliation in the workplace and wrongful termination in violation of public policy (also known as whistleblower cases).
A good way to think of these cases is being unfairly punished for doing the right thing or for refusing to break the law. In general, claims will fall into one of these three categories:
Retaliation claims: Suffering an adverse employment action for standing up against what you believed was a violation of California’s Fair Employment and Housing Act. You don’t necessarily need to be correct about whether an action was a FEHA violation in order to be protected, as long as you acted in good faith.
Retaliation also includes suffering and adverse employment action for engaging in activities protected by law.
Whistleblower claims: As an employee, you have the right to report information to the government if you suspect that your employer or company has violated or failed to comply with a law, regulation or ordinance. Whistleblower protections prohibit your employer from retaliating against you for such actions.
Labor Code 1102.5 claims: Any claim that isn’t a fair employment issue. It could be blowing the whistle on workplace safety, product safety, ripping off customers or other wrongdoing.
The Law Is On Your Side, But Having A Good Lawyer Is Still Crucial
If you feel compelled to speak up about corporate wrongdoing, California is the place to do it. Our state laws are almost always more protective of employee rights than federal laws are.
That being said, you should still seek the help of a highly experienced employment law attorney. Whistleblowers often face termination and other retaliatory actions, and you need a strong legal advocate by your side during this tumultuous time. Attorney Pamela Teren has over 25 years of legal experience, and our firm focuses exclusively on employment law issues.