Culver City Whistleblower Retaliation Lawyer

Culver City Whistleblower Retaliation Attorney

Most of us want to do the right thing at work, and if we see something being done that is a violation of the law, we say something. That should be a choice that is treated with approval and appreciation. Far too often, though, employers are upset about what the revelation is going to cost them, and they take out their frustration on the messenger. However, that will only compound the problem, as retaliation against a whistleblower in the workplace is also a violation of employment law. Employees in Culver City, CA deserve restitution if they’ve been retaliated against in the workplace. For assistance, consult an employment law attorney in Culver City who can provide the support and guidance needed to protect your rights and seek justice. At the Law Offices of Miguel S. Ramirez, we help employees seek that restitution.

Whistleblowing

Whistleblowing occurs when a violation in the workplace is brought to light by an employee who notifies the proper parties. This could be an employee who contacts law enforcement or a supervisor to report criminal activity. It could also be someone who brings to light a civil violation, such as a violation of labor law. This includes things like workplace harassment, failing to pay overtime, or failing to give employees their legally protected meal and rest breaks in the workplace. This protection includes prohibiting retaliation against those who file a legal complaint against the employer. It also offers certain protections for anyone who testifies in the complaint or claim process.

Retaliation

An employer may choose to fire an employee in retaliation for their having uncovered a violation or violations in the workplace. If that occurs, it may be a case of wrongful termination. Retaliation, though, doesn’t necessarily need to be that blatant. It could be something like demoting the whistleblower or not giving them a promotion that they have earned. Sometimes, retaliation has included giving an employee a worse schedule, an unfair workload, or a write-up that they didn’t deserve. In some cases, employers may even go so far as to attempt to make the workplace so unbearable for the employee that the employee quits their job. This is known as wrongful constructive termination. If any of these things have happened to you after alerting authorities to a violation, then you may have a retaliation case against your employer.

Damages

The kinds of damages that you may receive in a whistleblowing retaliation claim depend on the type of claim that you win. If you win a case in front of the Labor Commissioner, your employer could be made to:

• Reimburse you for lost wages, with interest
• Rehire you
• Reinstate you to your previous position
• Reimburse reasonable attorney’s fees

If you win a claim that goes to California’s Superior Court, then you may receive:

• Lost wages and compensation for lost benefits
• Damages from emotional distress/pain that the situation has caused. This could cover things like humiliation, anxiety, or mental suffering.
• Punitive damages, which are meant to punish the employer if the court determines that they acted out of malice, fraud, or oppression

When pursuing a whistleblower retaliation claim in Culver City, it is vital to have the services of an experienced employment law attorney. They know the laws and procedures relating to the claim process, and they can help you maximize your chances of successfully securing just compensation.

FAQs About Culver City Whistleblower Retaliation Laws

What Do Whistleblower Retaliation Laws Protect?

Whistleblower retaliation laws protect employees who are engaged in bringing some kind of wrongful behavior by an employer to light. The wrongful behavior may be a criminal activity, and the employee is protected from retaliation for reporting this to law enforcement or a government agency. Similarly, if the employee reports the violation of a law to a supervisor who can investigate it, they are protected from retaliation. An employee may also be reporting some other kind of wrongdoing, such as workplace harassment and wage and hour violations.

What Does Whistleblower Retaliation Look Like?

Retaliation in the workplace can take many different forms. It could be something less dramatic, like failing to promote the employee despite their being qualified by merit or denying the employee an opportunity for professional development that would normally be available. Retaliation could also be something a little more clear, like a demotion or unfair write-up. It could even be as significant as wrongful termination or wrongful constructive termination, which occurs when an employer makes continued employment there intolerable.

What Is the Difference Between Wrongful Termination and Wrongful Constructive Termination?

Wrongful termination occurs when an employer fires someone for the wrong reasons. This could be because of something discriminatory if the employee were fired because of a protected characteristic such as race, religion, or sex. It may also be so if the termination were an act of retaliation against the employee for reporting the employer’s criminal actions or some other violation. Wrongful constructive termination may have similar motivations as wrongful termination, but instead of firing the employee, the employer tries to get the employee to quit by making their experience at work intolerable.

How Long Do I Have to File a Whistleblowers Retaliation Complaint?

How long you have to file a complaint is called the “statute of limitations.” Generally, filing a claim related to whistleblower protection has a statute of limitations of three years. However, in some cases, complaints must first be filed with the California Labor Commissioner, such as labor law or health and safety violations. In these kinds of cases, a complaint must be filed within six months, and if the situation is not resolved through that process, then there are still three years to file a claim.