But Who Will Protect Me?
Whistle-blowers and Retaliation Too Often go Hand in Hand.
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.
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