Few issues are more upsetting to an employer - especially to the manager who feels very powerful and who has been engaging in unlawful  or unethical practices for a while, than an employee who is trying to change his ways, especially if that employee threatens to or actually reports the conduct to the outside public agency.  Whistleblower retaliation is a claim that arises when the employer takes adverse action against an employee (including termination, transfer to a less desirable position, suspension, and demotion) because that employee complained to the outside entity about what he reasonable believed to be an unlawful practice by his employer. 

One significant power of whistleblower retaliation claims in California is that the aggrieved employee does not how to prove that the conduct he or she reported was actually illegal. All the employee has to show is that he reasonably believed that the conduct was illegal. Thus, for instance, if you are an accounting manager, and after reviewing the statements of the company you believe that an comingling of funds or embezzlement is going on at your company, and you report that conduct to the entity overseeing the integrity of financials, you are protected from retaliation, as your position allows you to reasonable conclude within the scope of your skills, knowledge and job duties, that an unlawful practice is taking place. If your employer retaliates against you by terminating your after reporting that conduct and later proves that the conduct you were worried about is perfectly lawful, the employer will still be liable for unlawful retaliation and wrongful termination.

 


Comments

gabriel hardy

Tue, 08 Dec 2009 12:30:31

Was fired yesterday over the phone from d.a.v. I reported to the mngr about not getting breaks and the kitchen has cockroaches. I was fired for the said reason I talk on the phone excessively

 

Robert Stein

Wed, 26 May 2010 10:56:29

The Silencing of “Honesty and Transparency”
The endangered species (whistleblower) as discussed by Congress have the ability to do away with just about all the financial wrongdoing that is currently “allowed” by officials in the government and in non-profits. We all know who pays for this. Sunlight (media exposure) will lead the way, as to putting an end to the corruption. The current laws designed to protect those that do the right thing are just empty political words, and in need of proper investigation and enforcement when incidents are reported, and nothing is done—worth repeating…and nothing is done.
The problem occurs when those that are willing to bring the corruption and lies to light are threatened or met with planned retaliation and false reasons as to termination of employment, while nary a single word of the wrongdoing can be denied by officials. The fear of reprisal (job security) has replaced freedom of speech on the campus of C.S.I. The truth is long overdue. “False reporting numbers” to grab the brass ring we call the taxpayer dollars $$$ is the new game played…and allowed by the administration. And if there is truth to the “NO Hire” list as reported in parentadvocates.org—I think we should listen to both sides of the story when it comes to the (mis)use and lies... in regard our tax dollar expenditures.
My case may never get to court, and as to why…it will step on too many toes and force government and non profits to understand and adhere to those two feared words… honesty and transparency. It all start in Albany…definitely in Albany, and works its way onto every taxpayer-funded CUNY/SUNY campus in the State, not just C.S.I., and when made public, the taxpayer will no longer have to pay for no- shows, fudged numbers, fudged time sheets, and wasteful spending. Academia/ Government “partnerships” on campus will have to be held accountable for their actions, limited work ethics, “fudged” time sheets and false accomplishment “numbers,” just like the private sector. These “taxpayer funded” organizations MUST, as in MUST silence the truth, thus enabling them to continue to milk their taxpayer cash-cow funding. Freedom of speech, honesty, and accountability are desperately needed to replace the fear to speak, threats, ego, lies, personal greed and my favorite—condescending remarks. I am sure our Chancellor’s both past and present will agree as to what is “relative” to my case, and why it must be kept quiet.
Let’s see—within a short time, roughly 2 million spent on doubled-up false numbers, raises—(some higher than usual,) questionable business vouchers that lacked business, fudged time sheets, no-show allowed work ethics that are well documented in this one small-staffed campus office, (sure hope this is an isolated case,) and we then add threats along with condescending remarks with “college approval” that disregarded the fraud and fully approve the retaliation plan to hush it up, as the “new way” of doing business. I am not surprised that C.S.I. lost a recent freedom of speech case in court.
Many at the top from President, To The Head of Grants and Research, to The Provost, and the Head of Finance have already been asked to leave, “retired,” or have stepped down from their posts on this political campus. When it comes to the taxpayer’s money, we better understand the meaning of the two words “honesty and transparency.” And as to why a Director originally resigned……….or the musical chair rotating heads at The S.B.A. or E.D.C.—time for the reasons.
Parentadvocates.org is an eye opener with “Opening the Door to NYC Education Corruption Part1: Update on Retaliation of All Whistleblowers.” And their story review “Retaliation against All Whistleblowers is the Name of the Illegal Game in New York City,” is reality. Thank you Parent Advocates.org. , and as you discuss the media and the “educational advertising $$$$ and political favors they stand to lose if these incidents are reported…heck, I thought it was my Director’s relatives on the staff at the local paper and college associates that influenced his decision to unretire and why the paper won’t look into both sides of the story…silly me.
The difficulty in finding legal representation that will not be a conflict of their interests with their “college employers,” and the government investigators who are supposed to look into these case, truly never do; but I have file numbers from several of them in regards to my case, and still waiting. The “Guilty” should be personally responsible or having to pay their fair share of the financial expenses and judgment if reta

 



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