Legal Question in Employment Law in California
I was hired on 11/1/2010. On 1/14/2011. I was told that it was my last day. No last pay check, no exit package, no reason for the dismissal however two weeks prior to my wronful termination I was a whistleblower.
3 Answers from Attorneys
Whether or not you have a lawsuit depends on what constituted your whistleblowing. Employers are not allowed to make any rules that prevent employees from whistleblowing, nor are they allowed to retaliate against employees who engage in whistleblowing, so long as the employee reasonably believed the conduct of the employer was unlawful, and only if the employee reported the conduct to a governmental agency, such as the police, the labor board, or other entity.
Also, an employer is not allowed to retaliate against an employee who refuses to engage in illegal conduct. However, the conduct you refuse to engage in must actually constitute a violation of a state or federal statute.
You need to speak with an attorney who handles these types of cases. My office would be happy to discuss your situation and see if we can help. You can call us at (213) 536-4236, email us at [email protected], or visit our website and complete our online case evaluation questionnaire.
Whistle-blower is a legally defined term. IF you qualify as one, then you may have a case. You complaining about the company, poor mgmt, mean people, etc, does not count. IF you reported, or threatened to report, to government agencies actually illegal conduct, then you would be protected. If you think you actually qualify, and think you can prove your allegations of retaliation, feel free to contact me to discuss. I'd be happy to help you. I've been doing these cases for over 20 years.
I would need more facts concerning this termination but termination in retaliation for whistle blowing is illegal under the law. Additionally, all wages earned must be paid upon termination. And there may be shadow for waiting time penalties (up to 30 days) based upon you daily rate. I hope this helps. Bob (818)222-2433