The Employment Lawyers Group has represented hundreds of California whistle blowers in lawsuits against their employers. The law on whistle blowing is:
1.) the employee must complain about something that is illegal, or they reasonably suspect is illegal;
2.) the illegal conduct must effect society at large opposed to merely internal issues in the company;
3.) the complaint must be made to a supervisor or manager; 4) the employer must take an adverse employment action against the employee due to the complaint.
The following types of complaints are complaints about violations of the law that create wrongful termination and make an employee a whistle blower:
. An actual report to a government agency (the employer must learn of)
. A complaint that a statute is being violated
. A complaint about any form of discrimination or harassment based upon age, disability, protected medical condition, national origin, or race
. A refusal to engage in unlawful or unhealthy work requests of the employer
. A refusal to testify falsely
. A refusal to desist in using a leave of absence law created by a statutory right
1. A Job Loss through Termination or Resignation
2. The Resignation or Job Termination is based upon a complaint the Employer has done something Illegal, Suspicious, or Due to a Protected Characteristic which constitutes Discrimination for Age, Disability, FMLA Leave, Pregnancy, Race, or Sexual Harassment.
The employer’s choice of words may be discrete in order to confuse the employee, in order to potentially de-escalate, or maintain a certain vagueness about the reasons for the job termination. Statements such as we will call you when or if we have work, and then weeks go by may constitute an employment termination. Managers who say the employee is free to apply for a new job, or reapply once their pregnancy is over with are providing oral evidence of an employment termination. If the employee is not being given continuous work, there is a long gap between their next assignment, or they have to reapply an employment termination has occurred.
When an employee can sue if they quit is a complicated subject matter.
Besides the job conditions being intolerable because they are illegal, an employee must advise their employer of the intolerability and illegality of the working conditions before they quit. Workers who simply get up and quit without giving their employer an opportunity to correct illegal conditions cannot sue for being forced to quit. In order to sue for quitting a job the employer must know of the illegal job conditions, the employee’s displeasure working those conditions, and fail to correct the situation after being put on notice.
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Wrongful termination lawyers can advise the employee if they have a strong case, and whether it would be economically efficient to sue. Our wrongful termination attorneys work on a contingency. We are only paid when and if we collect money from the employer. The employee does not have to pay anything up front. Nor are we interested in collecting money from employees if we are not able to collect from their employer.
Our law firm faces considerable risks in taking an employee’s case on a contingency when we were not the ones directly involved in the wrongful employment situation. Many times our employee clients even lack the paperwork at issue, from their previous employer, when they first retain our firm. It is essential that our clients be honest about their job situations, and realistic about the proof of their cases. Helpful clients who obtain documents from their doctors, or retrieve text messages implicating their employers are much appreciated, and help to prove their cases.
We can help if the employee has been fired due to a complaint about something illegal, or if they were not called to work after complaining. Employees who quit due to intolerable (illegal) working conditions may also have wrongful termination cases.
Gripes and complaints amongst non-supervisory coworkers do not bind companies for wrongful termination. Supervisors and managers must be aware of the conduct at issue and it must be illegal, or suspicious because the employee has a reasonable belief the conduct is illegal.
Not all unfair terminations of employment are wrongful terminations. Unless the employee has a contract giving them certain rights it is not illegal to fire an employee for a reason that does not make sense. Firing an employee due to a disability that can be accommodated is illegal. If the employer blew the whistle on their employer and exposed their illegal conduct to a government agency that is wrongful termination. Internal complaints to supervisors or management about illegal conduct may also expose the employer to wrongful termination if the employee is fired due to their complaint.
Lawyers who sue for wrongful termination must be adept at making factual and logical connections. For example, if two years earlier an employee complained to OSHA that their employer was violating a health and safety law, but the manager who fired the employee two years later had no knowledge of the earlier complaint a fact finder and court almost certainly will not find wrongful termination. The employer needs to be on notice of the employee’s objection to the illegal practice, or their protected characteristic in order for them to wrongfully terminate an employee due to those reasons.
All too many times we receive telephone calls from employees who suffer from medical conditions that may constitute disabilities their employers should accommodate. However, the employee never told their employer anything about their medical condition let alone facts about the condition that would render it a disability opposed to an unspecified doctor’s appointment not necessarily for a serious medical condition. The employer needs to be aware of the protected characteristic in order to discriminate against it, or wrongfully terminate an employee due to a protected characteristic.
Since 1993, firm founder, Karl Gerber, has represented more than 1,200 wrongfully terminated employees. Few employee lawyers in California have handled so many wrongful termination lawsuits. Mr. Gerber has represented additional employees in another 500 employment disputes including sexual harassment and lawsuits for unpaid wages, including class actions. He has handled multiple cases against the large farming and oil interests in Kern County. He is familiar with the issues and laws that pertain to wrongful termination. The other lawyers in the firm also have significant, and long term experience representing employees in wrongful termination lawsuits. If we are not able to represent you in your employment lawsuit, and we do not have a smaller law firm to refer you to, you probably do not have a case. Please allow us to review your wrongful termination lawsuit. Call 661-412-9600 for an experienced wrongful termination lawyer.
Be realistic about our competition. Few lawyers have represented employees in wrongful termination lawsuits as long as we have. Most lawyers entered into this field within the last five or ten years. Few wrongful termination law firms have handled as many wrongful termination lawsuits as our firm. Will the other law firm really file your case, try your case, take the necessary depositions, advance the right costs, and do what must be done to get you the right results? Anybody can sue for wrongful termination. Our clients bring wrongful termination lawsuits for the right reasons, and receive a quality of representation from an established law firm we do not believe our competitors are capable of replicating.It is one thing to be a whistle blower. It is another to have a case. If the employer knows of the whistle blowing in order for there to be a case there must be an adverse employment action taken towards the employee CALL 661-412-9600 TO TALK TO AN EXPERIENCED CALIFORNIA WHISTLE BLOWER LAWYER ADVERSE EMPLOYMENT ACTION LAWYER In the real world of contingency lawyers, and courts an employee needs to actually be fired or forced to quit for there to be a case against an employer due to the employee’s whistle blowing. Courts have been particularly limited on what they consider to be an adverse employment action. Unless there is a material change in the employment there is not an adverse employment action. Being looked at oddly, or allegedly being treated differently is simply not enough for a lawyer to file a case for retaliation. The likelihood in the court allowing a retaliation lawsuit to go forward is unlikely unless there is a loss of a job or a change in employment costing the employee a substantial sum of money. Courts and arbitrators have even held that making an employee work in a small storage room is not an adverse employment action if they are continuing to be paid the same salary they received before the alleged adverse action based. It is important to understand contingency fee lawyers are not available for general human resource advice. Moreover, courts are not available to air general workplace grievances of unfair treatment that do not result in the loss of a job. CONTINGENCY LAWYER FOR WRONGFUL TERMINATION Presuming an employee has engaged in protected activity and properly made these issues known to the employer a wrongful termination lawsuit exists if the employee is fired due to these complaints, or forced to quit. The standard regarding being forced to quit is not easy. The working conditions must be intolerable and after advising the employer of the intolerability the employer must refuse to remove the intolerability. Before quitting a job employees are strongly advised to call 661-412-9600 to determine if they are going about their resignation in a manner that will allow them to quit and sue and/or collect unemployment. Good wrongful termination lawsuits involve employment terminations that were not going to happen had it not been for the whistle blowing. Friction between supervisors and managers after the complaint is evidence the employment termination may have been due to the whistle blowing. The employer’s refusal to agree that patently illegal conduct is illegal may be evidence of motive to terminate. Moreover, the employer’s acknowledgment the conduct is dubious but continued requests the company engage in the conduct is evidence the complaining trouble maker may have been fired for complaining. Wrongful termination [click through to https://bakersfieldlaborattorney.com/practice-areas/wrongful-termination] is difficult if not unlikely to prove if: . The employee complains, the employer indicates the employee is justified in the complaint, and it appears the employer is trying to stop the illegal practice . It cannot be proven the employer knew of the employee’s complaint about an illegality . The conduct complained about is not illegal . The employee did not have a reasonable suspicion the conduct they complained about was illegal Wrongful termination and whistle blowing have precise legal meanings. Employees are strongly encouraged to call 661-412-9600 if they believe they were fired or forced to quit due to whistle blowing. Let our experienced whistle blower lawyers ask the right questions of you to determine if you have a wrongful termination case against your employer. https://bakersfieldlaborattorney.com/practice-areas/whistle-blower could link to this new page url:Bakerfieldlaborattorney.com/whisteblowerattorney image tags: job termination law, job termination lawyer keywords:
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