Greetings Members and Potential Members,
A member called concerning a matter that raised issues of whistleblowing and potential retaliation. California Labor Code Section 1102.5(b) prohibits an employer from retaliating against an employee who either (1) discloses information to a governmental or law enforcement agency based on a reasonable belief that the employer is violating a statute, rule, or regulation, or (2) refuses to participate in an employer activity that would result in a violation of a statute, rule, or regulation. In 2013, Governor Jerry Brown signed a law that expanded whistleblower protection to employees who report suspected illegal behavior, (1) internally to “a person with authority over the employee” or to another employee with the authority to “investigate discover, or correct” the reported violation; or (2) externally to any “public body conducting an investigation, hearing, or inquiry.”
In 2008, an employee of the State of California was subpoenaed to testify in a case alleging that a patient at Napa State Hospital had been wrongly assessed as competent to stand trial The State employee testified that Napa State Hospital was using inadequate patient-assessment methods. Shortly after her testimony, her supervisors orchestrated a series of retaliatory moves that led to her unlawful termination. After her termination was reversed by the State Personnel Board, the retaliation continued, which resulted in a lawsuit leading to a month long trial. In 2014, a California jury agreed with the State employee’s claim of whistleblower retaliation resulting in a verdict of over $1 million.
Do you have a legal question that you would like to see discussed in our weekly emails? Please call our Attorney Call Center at (323) 836-8898. Having one of our experienced employment attorneys representing you from the onset is essential to protecting against false, unfair, or excessive charges. Our low-cost attorney service provides a safeguard when a workplace error or unwarranted complaint arises.
If you want an independent, knowledgeable Labor Attorney who will stand up for you and help strategize when work issues present themselves, sign-up to become a member of WORKERS’ RIGHTS LEGAL SERVICES. Your $25.00 per month membership will ensure that you have high-quality legal representation for job protection and enhancement, with an annual payout that will cost you the same as the average attorney rate of $300 per hour.
For further information about our prepaid legal service, including how to become a member, please visit our Web site at: www.workersrightslegal.com or phone our Attorney Call Center at (323) 836-8898.
We are committed to making quality legal services more accessible and affordable for Los Angeles County employees.
Bonnie Lane Carla Tourin