A whistleblower is an employee who discovers and reports wrongdoing, which is usually some form of illegal activity on the part of the company as a whole or by another employee. This might have to do with breaking the law, violating a code, or violating a safety ordinance. But very often it is a case of discrimination that is being reported, something having to do with race, age, gender, religion, sexual orientation or disability. Reporting sexual harassment also falls into this category as well as filing a worker’s compensation claim.

Once the report is made the employee is at risk for being retaliated against by their employer. There are many forms of retaliation with the most common ones being unpaid administrative leave, reduced pay, a demotion, poor reviews, write-ups, being passed over for a promotion and in extreme cases, termination. In the case of being terminated due to retaliation, it is most likely a wrongful termination.

The law regarding retaliation is interesting in that maybe your manager or some other individual at the company is retaliating and making it difficult for you. However, in the eyes of the law the company itself is responsible and held liable for that employee’s actions against you.

In 1998 a ruling came down from the California Supreme Court that individual supervisors and managers cannot be personally held liable for retaliating against an employee. The liability falls fully on the company because according to the California Fair Employment and Housing Act, it is illegal for any labor organization, employer, employment agency or individual to retaliate. The company in the end is liable as they are responsible for the supervisor or manager’s acts of retaliation.
Labor law can be very complex. If you have concerns about your employment you are well advised to contact a California attorney specializing in labor law so that you know and understand your legal rights.

If you would like to inquire about this article or anything on our blog, please call UELG at:

San Diego – (619) 342-1242

Photo Credit: Shutterstock/Suzanne Tucker

The post Don’t Keep Quiet You are Protected appeared first on UELG.

At Will Employment
Basically this means that the employee and the employer both have the right to terminate the employment relationship at any time, without giving notice or warning. Neither party needs to give a reason, and if they do give a reason it doesn’t have to be a good reason, it can be as ridiculous as they want. Which brings me to ….
Wrongful Termination
There are really only 2 ways in which an at will employment situation can have a wrongful termination. The reason for the termination must be based on either discrimination or retaliation. This is often confusing because if we look up the definition of discrimination in Webster’s dictionary we would find:
b : the process by which two stimuli differing in some aspect are responded to differently
However, under California labor laws Discrimination is not as broad. Instead it is narrowed to only include situations pertaining to:
• Ethnicity or national origin
• Age – over 40
• Gender – equal pay act
• Sexual orientation or gender identity
• Religion – religious garb
• Disability – medical issue
If a termination cannot be proven to be linked to one of these categories, then the only other way to have a wrongful termination is to have been subjected to retaliation.
Retaliation
Again Webster’s definition of retaliation is more broad than what California labor law will recognize. The dictionary describes retaliation as:
“to return like for like; especially : to get revenge”
And California labor law narrows that to pertain to whistle blowing, meaning that retaliation can usually only occur if the employee has blown the whistle or reported the company for breaking some kind of law, code, regulation or industry standard. A simple disagreement or reporting your manager for being unfair or unprofessional unfortunately will not qualify as retaliation or whistle blowing, even if that manager acts out in revenge.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

The post Wrongful Termination in California, an at Will Employment State appeared first on UELG.

A whistle blower is someone who has reported a wrongdoing; this usually means that the company or someone within the company has broken a law, code, policy or has created a safety violation.
Most commonly, discrimination is reported; such as age, race, gender, sexual orientation, religion, or disability, or also retaliation for filing a worker’s compensation claim or reporting sexual harassment.

Once this employee has reported the issue they run the risk that the employer may retaliate against them. Retaliation can come in many forms; most common are reduction in pay, unpaid administrative leave, demotion, write-up, poor reviews, passed over for promotions, and the worst case is termination. If you are terminated as a form of retaliation this is likely considered a wrongful termination.

It’s also interesting to note that even though there might only one person, perhaps your manager, giving you a hard time or retaliating against you, under the law the company is still liable for that person’s actions. In 1998, the California Supreme Court ruled that individual managers and supervisors can’t be held personally liable for retaliation. However, the California Fair Employment and Housing Act says that it is unlawful for “any employer, labor organization, employment agency or person” to engage in retaliation. This effectively holds the company liable for the manager’s or supervisor’s actions.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact our San Diego labor law attorneys who can help you understand your rights and in many cases will review your situation without charge.

Photo Credit: Shutterstock/Gemenacom

The post But Who Will Protect Me? appeared first on UELG.

How much is it worth and are you opening the door to unwanted scrutiny of your own life by filing a suit against your employer?

This aspect can be largely determined by the course of action chosen by your labor attorney. For instance, if your lawyer believes you can get a larger settlement based on emotional trauma due to the unfair treatment that you faced on the job, then you will have to show this emotional trauma. This can mean getting personal, and not just since the “trauma” occurred. When trying to ascertain whether there was emotional damage done by your company, the defense will dive deeply into your life to try and show that whatever emotional issues you do have, were there long before they did whatever you say they did.

If you are seeking a case based on only emotional distress, this is clearly a consideration you have to make.  How much are you willing to divulge to a courtroom full of people?

The best answer is a somewhat obvious one; you need to have a case based on hard facts!

The approach we use at United Employees Law Group is an all angles one. We know how to ask the RIGHT questions so that we can dig up the HARD FACTS.  Numbers don’t lie or change their opinion. Numbers like the ones on your time sheet or computer logs, video from security cameras, etc., are the things that help us win cases for our clients, often without even having to set foot in court. In truth, if an attorney does their job right they end up in court very little. The aim of building a great case is to present such evidence to your employer and their attorneys that they know it will likely end in a large settlement and a lot of court fees, so that it benefits them to settle out of court and pay you without dealing with a long, drawn out court battle.

If you are ready to talk about your issues at work or mistreatment by a former employer, CALL NOW. The team at United Employees Law Group is here to help you build the case you need to win.

Photo Credit: Shutterstock/ Billion Photos

The post Weighing the Cost vs. Reward appeared first on UELG.

Labor attorneys fought long and hard over whether or not Fair Labor Standards Act (FLSA) protects oral, as well as written, complaints in Kasten v. Saint-Gobain Performance Plastics Corp. On March 22, 2011, the United States Supreme Court issued its decision; the Court held, in a 6-2 decision, that the anti-retaliation provisions of the Fair Labor Standards Act (FLSA) protect oral, as well as written, complaints.

Labor attorneys had already won a suit against Saint-Gobain for placing time clocks in a location that did not allow workers the ability clock in prior to getting in and out of their gear, thus forcing them to work off the clock. Kasten filed an anti-retaliation suit against Saint-Gobain, alleging that Saint-Gobain terminated him for orally complaining about the location of the time clocks.

FLSA is probably better known for enforcing wage and hour issues such as overtime, working off the clock and reimbursable expenses, but it also forbids employers from terminating “any employee because such employee has filed any complaint alleging a violation of the statute.” The text of the FLSA was insufficient for the Court to interpret whether the term “filed” included oral complaints. Thus, the Court considered other factors, including:

• A wide interpretation of “filed” would be the same as the understanding of the National Labor Relations Act’s anti-retaliation provision
• A narrow interpretation would weaken the FLSA’s basic purpose – prohibiting detrimental labor conditions
• The EEOC and Secretary of Labor  have both decided that “filed” includes both oral and written complaints.
•  The FLSA’s requirement that an employer receive fair notice of a complaint can be met by oral and written complaints

California labor attorneys don’t commonly sue under FLSA because California’s Labor Code has its own anti-retaliation provision. California Labor Code section 1102.5:

(a) An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

(b) An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

(c) An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

(d) An employer may not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment.

Nevertheless, the FLSA applies to California employers as well. Thus, California labor attorneys can now rely on Kasten to protect California employees from retaliation for oral complaints about FLSA-protected rights.

If you feel you have been retaliated against after making a complaint at work, be it verbal or written, contact United Employees Law Group to examine you case.

Photo Credit: Shutterstock/Kurhan

The post California Labor Law Attorneys have more Ammunition to Combat Retaliation appeared first on UELG.

Welcome to the 21st century. You have so many rights at work you can’t even keep track of them. No longer can an employer get away with paying terrible wages and abusing workers; or can they?

The laws may be in place to protect employees, but someone still has to speak up and bring light to the situation. Everyday unfair or unwitting employers violate the rights of their workers by breaking different laws, whether wage and overtime violations or discrimination and so on.

Nothing will get better unless you report it, and thanks to the new laws passed last year you are even further protected. Anti retaliation laws have been beefed up so that any employee who reports wrong-doing, even suspected, is guarded from adverse action.

What do anti retaliation laws do for me?

The thoughtfully constructed labor codes that govern the workplace specifically provide protection for an employee who files a complaint about violations they experience or witness. This means if you file a complaint with your boss, HR or even the labor board or an attorney, it is illegal for your employer or coworkers to mistreat you in any manner.

If you have filed a claim and subsequently been fired, demoted, denied hours or better shifts, or otherwise suffered adverse effects, those responsible are breaking the law.

YOU MUST SPEAK UP! If you are the victim of retaliation or fear you will be if you make your rightful claim of labor law violations, you need to call right away. United Employees Law Group is here to help.  We have helped employees collect damages after retaliations as well as assisting in resolving the matter of monies owed before such retaliation can take place.

Have the right team on your side. Call today for a completely free review of your case

Photo Credit: Shutterstock/ goodluz

The post Bad Boss? Don’t take it sitting down! appeared first on UELG.