There are many state, federal and local laws that protect employee rights in the workplace. It is important that employees are able to report violations to the appropriate authorities without fearing there will be repercussions at work. For this reason, the law prevents retaliation against employees who make protected reports to the proper authorities. Our San Francisco retaliation lawyers fight hard to protect employees who report wrongful conduct in the workplace.
An employee can be protected from retaliation if they report wrongful conduct in the workplace. The wrongful conduct could be a violation of employment law, such as racial discrimination or sexual harassment.
There are also specific statutes that create “whistleblower protections” on issues related to public protection. For example, airline employees and aeronautical workers can be protected for reporting safety issues to the FAA. Employees in the financial sector can be protected for reporting securities violations to the SEC. These are just two of many examples of whistleblower protections. It is important to consult with a retaliation lawyer about the specific whistleblower protections that apply to your unique circumstances.
It is also important to understand that not all disclosures are protected. If, for example, an employee leaked confidential company information to the press, they might not have any whistleblower protections. The law only protects employees from retaliation when they make protected disclosures to the proper authorities.
Retaliation is any adverse change in the terms and conditions of your employment. In the most drastic cases, retaliation results in an employee being fired for reporting misconduct. But you do not have to be fired to be the victim of retaliation. Sometimes retaliation consists of unfair disciplinary measures, such as a write-up or an unpaid suspension. Retaliation could also be a demotion – or even being denied the opportunity for a promotion. Some employers try to use shift changes, scheduling, or other tactics to pressure an employee after reporting wrongdoing. These actions can also constitute unlawful retaliation if they are done in response to a protected report.
The best way to protect yourself from retaliation is to consult with a San Francisco employment lawyer before making any report at all. Our experienced retaliation attorneys can help assess what the wrongdoing is, to whom it should be reported, and how to protect your rights against retaliation while making the report. There are many different legal strategies that can be used.
In some cases, your attorney might report the conduct themselves by notifying the company in writing. This strategy allows your attorney to immediately put the company on notice that you are protected from retaliation. In other cases, your attorney might help you make the whistleblower report to the proper authorities before notifying your company. The best legal strategy will depend on your specific circumstances.
The experienced San Francisco employment lawyers at Olivier & Schreiber LLP fight hard to protect California workers from unlawful retaliation. Call (415) 484-0980 or visit our website to schedule your consultation today.
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