Am I protected from retaliation for blowing the whistle on a violation of company policy?
If I called the company "hotline" to report a company policy violation, and then was retaliated against by management, do I have a case? The posted notices at work that solicit employees to report these things state that retaliation will not occur or be tolerated, but that is not what happened to me.
I have had hours cut, been treated rudely, been transferred to another store, etc.
I am interested in a consultation.
Answers (1)
Hello.
Yes, generally you are protected from retaliation. this of course doesn't mean that the employer cannot retaliate you and knowingly violate the law. Depending upon how strong the evidence of retaliation is (the link between your activity and the action taken against you which is usually the most difficult part of proving retaliation) you should consult an attorney or file a retaliation charge with your local branch of DFEH (Department of Fair Employment and Housing). The employer will of course argue that your transfer and other changes have nothing to do with your reporting the violations and it will be important to have at least some evidence (such as witnesses, proximity in time, their prior knowledge that you were the one blowing the whistle, etc...)
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
posted by Arkady Itkin | Feb 11, 2010 11:19 PM [EST]
Yes, generally you are protected from retaliation. this of course doesn't mean that the employer cannot retaliate you and knowingly violate the law. Depending upon how strong the evidence of retaliation is (the link between your activity and the action taken against you which is usually the most difficult part of proving retaliation) you should consult an attorney or file a retaliation charge with your local branch of DFEH (Department of Fair Employment and Housing). The employer will of course argue that your transfer and other changes have nothing to do with your reporting the violations and it will be important to have at least some evidence (such as witnesses, proximity in time, their prior knowledge that you were the one blowing the whistle, etc...)
Thanks,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
posted by Arkady Itkin | Feb 11, 2010 11:19 PM [EST]
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