University of California employees now have the same whistle-blowing protections as other state employees in the state of California. Previously, the university employees were exempt from the same protections and all complaints were handled internally. Employees were also not able to seek legal action as long as internal procedures were followed.
Now, everything has changed. The new legislation stemmed from an incident where workers complained about workplace safety and were expected to go in front of University of California executives who would decide whether they deserved monetary damages. The Supreme Court decided that the University itself should not have the power to award or deny monetary damages that they themselves would be expected to pay.
The new legislation allows workers to be protected from retaliation. If you feel that you have been retaliated against by your employer for Whistle-Blowing, contact a Los Angeles labor attorney today to ascertain your rights.
The Definition Of Whistle Blowing
Whistle Blowing occurs when an employee sheds light to someone outside the company on an employer that they believe to be breaking the law. If an employee complains about the situation to someone inside the company that does not constitute Whistle Blowing. This also does not mean that the act has to be lawfully illegal. However, the employee has to have a reasonable belief that the act as acted upon by the employer, was illegal.
If an act constitutes Whistle Blowing, the employee will be protected from such retaliation from the employer as being terminated from employment. If you feel that you have been in a Whistle Blowing situation, contact a Los Angeles labor lawyer today.
How An Employee Is Treated In Whistle Blowing Cases
An employee is treated as any other employee in Whistle Blowing cases. This means that the employee can still be terminated for good cause or no cause at all. However, it also means that the individual cannot be terminated for being a Whistleblower. While it may be difficult to ascertain whether an individual was terminated due to Whistleblowing or other reasons, if an individual is fired shortly after he becomes a Whistleblower, there is a presumption there that he was in fact terminated for being a Whistleblower. If you need help with your Whistle Blowing case, contact a Los Angeles employment attorney today.