Legal Question in Employment Law in California
Employer restricting speech
I disagree with my employer/supervisor on a basic ethical issue and in retaliation, she has demoted me from a manager to a salesperson (three levels down) and cut my pay. She then asked to present the demotion as mutual. I disagreed and she has said that if I talk about my situation to others, that I will be fired. Many people in the office are also outside friends. Is she limiting my speech outside the workplace?
2 Answers from Attorneys
Re: Employer restricting speech
-Terminating a "whistle-blower" is prohibited if a "public policy" is involved. That does not mean that your employer will not fire you. To find out if a public policy is implicated, I would need further information. Please feel free to contact me at 805/641-6600
Re: Employer restricting speech
"Basic ethical issue"?? If there is illegal conduct and you complained, then you are protected from retaliation. If that is the case, call to discuss. IF you simply ran afoul of politics or personality, then your have limited remedies with limited value.