Sacramento Whistleblower Retaliation Attorneys
If you have been retaliated against for speaking up against your employer in Sacramento, contact our Sacramento whistleblower protection attorneys today.
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Sacramento Whistleblower Retaliation Lawyers
Did you get into trouble for reporting any misconduct your employer has engaged in? The city of Sacramento, California, and federal laws have several statutes in place that protect whistleblowers. The city of Sacramento has made a promise to take all appropriate steps to evaluate any allegations of whistleblower retaliation. For example, if an employee in good faith has made a complaint or allegation against any improper governmental action, the employer cannot retaliate against the employee. The purpose of whistleblower protection statutes is to encourage employees to speak up against any improper wrongdoing by their employers.
If you have been retaliated against for speaking up against your employer in Sacramento, contact our Sacramento whistleblower attorneys today. Our whistleblower attorneys have decades of experience representing whistleblowers and protecting their rights against their employers. We understand that it could be very stressful to speak up against your employer, especially when you have the fear of being retaliated against. It is unlawful and unethical for an employer to retaliate against you for speaking up against any injustices that are happening at work.
It is important to note that retaliation claims are not the same as a wrongful termination claim. Wrongful termination claims involve allegations of the employee being unlawfully terminated from their employment. However, retaliation claims can involve various other misconduct by an employer, such as performance reviews, reassignments, or any reduction in pay.
Can Someone Get Fired for Being a Whistleblower?
Even if the whistleblower inaccurately reported any violations of misconduct from their employer, an employer cannot retaliate against an employee for speaking up. The only requirement is that the employee had a good faith reasonable belief for speaking up against misconduct they believed was occurring.
What is a Whistle-blower?
America has had decades of whistleblower reform to protect whistleblowers who speak up against any wrongful misconduct their employer is engaging in. Examples of wrongful misconduct include:
- Tax fraud
- Poor working conditions
- Child labor
- Violations of environmental law
- Violations of Labor Code
- Unfair wages
- Sexual harassment
- Violations of the industry or profession
- Wage and hour disputes
- Safety violations that violate the well-being of employees
Unfortunately, despite the fact that there are several laws in place that protect whistleblowers, whistleblower retaliation is still very common in the United States, especially in Sacramento, California.
Examples of whistleblower retaliation include:
- Firing the employee for speaking up
- Demoting an employee for speaking up
- Failing to pay the employee for speaking up
- Reducing the employees paid
- Assigning the whistleblower to a more difficult position
- Re assigning the whistleblower to a different location
- Harassing the whistleblower through verbal or physical conduct
If you have experienced any of the above examples of whistleblower retaliation, it is very important that you get into contact with our Sacramento employment attorneys immediately.
Who Can Be Held Liable for Whistleblower Retaliation?
Whistleblower retaliation can occur by many different groups at the workplace. Examples include:
- Third party employees such as independent contractors
Your employee will most probably be held liable for allowing such retaliation to occur, and failing to take any protective measures. To determine how your employer could be held liable, contact our Sacramento whistleblower retaliation lawyers today.
How Do You Prove Whistleblower Retaliation?
It is up to the plaintiff, also known as the employee, to report and prove the different elements for whistleblower retaliation. These elements include:
- The employee blew the whistle against their employer
- Their employer is now engaging in adverse negative action against the employee for speaking up
The employer would then raise the defense citing a non-discriminatory reason. Once defense raises such a claim, it is then up to the plaintiff to prove that the defense’s reasoning is not justified, and simply pretext. That is why it is very important to hire an experienced workplace retaliation employment attorney.
What Should You Do If You are a Victim of Whistleblower Retaliation?
If you live in California, and are a victim of whistleblower retaliation, you may file a lawsuit against your employer for any damages. You may also file a lawsuit for reinstatement to continue working if you have been wrongfully terminated.
What Happens If You Retaliate Against the Whistleblower?
Under California Labor Code Section 1102.5, an employer will be held liable for retaliating against an employee for speaking up against any misconduct. If an employer retaliates against an employee in California, the employer is required to reinstate the employee’s employment, along with paying any compensation the employee lost out on. Examples of employee compensation include:
- Lost wages and benefits: if you were terminated from your employment in Sacramento, you could receive a variety of damages that deal with your employment, including any employment benefits, health care benefits, and lost wages. This is calculated by comparing your prior work position, along with any other potential similar employment you could have applied for.
- Emotional distress: you could receive compensation for emotional distress such as pain and suffering, anxiety, humiliation, post-traumatic stress disorder, etc.
- Punitive damages: in certain cases, punitive damages are awarded if the employer was found guilty of malice, which is excessive bad faith behavior.
- Attorney’s fees: in certain circumstances, you may be awarded attorney’s fees for your whistleblower compensation.
What is the Average Settlement for Whistleblower Retaliation?
According to the United States Department of Justice in 2016, the average settlement amount for whistleblower retaliation was $562,000. However, it is very important to remember that this number may be more or less depending on the circumstances of your retaliation claim. To determine the overall amount, you could potentially receive from your whistleblower retaliation claim, contact our employment law attorneys today.
When Do I Have to File a Whistleblower Retaliation Claim?
Lawsuits under California whistleblower protection fall under the statute of limitations time period. This is a time limitation that states when a plaintiff can file a lawsuit against their employer for any damages suffered. If you file your statute of limitations claim after the time period has passed, you may lose your right to sue, along with your right to any compensation. The different statute of limitations time limits are:
- If you want to file a lawsuit against California Labor Code 1102.5 you have 3 years to file a lawsuit in California Superior Court
- if you want to file a lawsuit under California Labor Code 98.6, you have 6 months to file a complaint with the California Labor Commissioner
- If you want to file a lawsuit under California leave 6310, you have 6 months to file a complaint with the California Labor Commissioner
- If you want to file a lawsuit against government code 8547 (which applies to government employees), you have 12 months to file a complaint with the state Personnel Board
Because there are different time limits, it could be very complex when determining where you would like to file your whistleblower retaliation claim. To determine the time limitation for a whistleblower retaliation claim, contact our whistleblower Sacramento attorneys today.
To discuss your case with our attorneys confidentially, contact our Sacramento whistleblower retaliation attorneys immediately for a free no risk consultation. During this consultation, we will determine the merits of your claim, along with what type of compensation you could potentially receive for your whistleblower claim. Do not hesitate to contact us today. We are available 24/7 via phone and email, along with our office headquartered in Sacramento.
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