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Burbank Whistleblower Retaliation Lawyer
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It is illegal for an employer to fire an employee who reports illegal activity or refuses to engage in illegal activity. Scroll down to learn more from a whistleblower retaliation lawyer located in Burbank
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What is whistleblower retaliation?
California Labor Code section 1102.5 protects two types of whistleblowers:
(b) an employee who discloses (or may disclose) information to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation;
(c) employee who refused to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.
Employers are prohibited from retaliating against employees who engaged in either type of protected activity.
Frequently Asked Questions
An employee must show that their protected activity was a “contributing factor” in an adverse employment action. If the employee meets that burden, the burden of proof then shifts to the employer to prove that it would have taken the action anyway due to legitimate, independent reasons.
Source: California Labor Code section 1102.6.
The disclosure of unlawful activity must be to:
- a government or law enforcement agency; or
- a person with authority over the employee; or
- an employee who has the authority to investigate, discover, or correct the violation or noncompliance; or
- a public body who has the authority to investigate, discover, or correct the violation or noncompliance.
- Lost wages and benefits
- Emotional distress
- Other economic losses like medical expenses, moving expenses, and job search expenses
- Punitive damages to punish private employers in extreme cases
- Attorney’s fees
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This website is an advertisement for legal services. The information provided on this website is for informational purposes only and does not constitute legal advice. An attorney-client relationship does not begin until a formal written contract is signed. If you have legal questions or need legal advice, you should contact an attorney. Nothing contained in this website should be construed as a guarantee or promise of results. Past case results are not indicative of future results and are presented for informational purposes only. The case results presented herein are from cases that Brandon Ortiz had primary day-to-day responsibility for prior to founding Ortiz Law Office, Inc.