Legal Question in Employment Law in California

Employer retaliation

My work status may come to play. I am not sure if I am an Employee or Indepent Contractor. Can an employer retaliate against me for complaining of workplace hostilities? I did so in a series of three seperate incidents and did so, each, in writing. In each case the employer varifyed my complaint and verbally apoliged. After last incident, I found the availble work hours were not being shared with me and for now, I have been removed from the schedule entirely. I have documention in form of my written complaints, and work schedules that show a scheduling bias against me after my last complaint.


Asked on 8/27/01, 10:51 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Employer retaliation

Thanks for your posting. Here in California, there is a "whistleblower" statute that protects employees who complain... to government agencies about unlawful working conditions or violations of state or federal law. In your case, however, it appears you only complained to management.

California law still requires that employees deal in "good faith" when terminating employees. If you can prove that you were terminated due to your complaints, you might have a viable case. I'd be happy to go over details via email or via telephone at 1/877/568/2977, or during a free consultation, if you have additional questions.

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Answered on 9/17/01, 1:36 pm


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