In California it is illegal to fire, demote, refuse to promote, harass, discriminate or retaliate against an employee who “blows the whistle” on improper or illegal activities.
An employee is considered a “whistleblower” when he or she informs the government or a law enforcement agency that their employer is breaking the law. In some cases it is not required that a Government is contacted; it is enough to advise the employer of illegalities, improper conduct, or to refuse to participate in unlawful activities.
EXAMPLES OF WHISTLEBLOWING
It is illegal for an employer to fire an employee who reports racial discrimination. Also, it is illegal to fire or demote an employee who testifies in a proceeding against the employer for racial discrimination. This would be a basis for a lawsuit under state and federal laws. Likewise, it is unlawful for an employer to fire an employee who reports “unsafe working conditions” to his or her employer. Similarly, refusing to participate or complaining of unsafe products that may injure the public may be found to be whistleblowing. The latter most often occurs when an employee recognizes an unsafe product while working in the medical industry, complains about the unsafe product and is thereafter terminated or demoted. There are many more unlawful reasons that fall within “whistleblower” protections from retaliation and termination.
Objecting or complaining about unlawful or unsafe conduct or product is a serious matter. Employees who muster the courage to take a stand may face significant adverse actions at work, up to and including termination. Damages may include lost wages, future wage loss, emotional distress damages, and punitive damages. Additionally, some cases may require the employer to pay punitive damages to the employee if the employer’s action were intentional or if the employer acted maliciously. In sum, the law recognizes both “economic” and “noneconomic” damages.
WHISTLEBLOWER RETALIATION ATTORNEYS
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm protects clients from whistleblower retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.