Don’t Keep Quiet You are Protected
Whistleblowing Instigates Retaliation in Many Forms
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:
Photo Credit: Shutterstock/Suzanne Tucker