Legal news and tips for employees, by Law Office of Eugene Lee

Category Archives: Retaliation-FEHA, CFRA, FMLA, Whistleblower

Retaliation – FEHA / CFRA / FMLA / Whistleblower

7 responses to “An Ode to Whistleblowers and the Law: Part II”

  1. Contract labor. says:

    I could not put OT on a contract time-sheet. Huge global company which uses a lot of contract and likes to get message across, albeit subtle, we contract can be gotten rid of anytime. A year in manager is annoyed greatly by another issue and declares contract complete; she would have preferred to do this 3 weeks earlier but think savvy she actually can say cannot just extend contract for >1 year without hiring on. I did not request hiring on company not ethical. Upshot is had been given 10 hours work per day, in and out via ID swiped so absolute proof of hours worked, called on radio to respond to incidents and expected to after 8 hours; essentially treated like salaried. Am requesting my OT, all of it. I was not in a position to before and really did not foresee workload increasing this much earlier on. It was communicated to me OT better not appear on my paper time sheet and it did not as I needed to keep this contract as long as possible. Manager an extreme bully and I am already quite aware contract has no workplace rights as evidenced by the one year, you are out with no notice; I was made aware I could and would be out at a moments notice over anything and OT was not to be written on my time sheet. Only had one direct manager who yielded total control and was well aware of hours work (she thought that I was a workaholic, I am not nor did I state I was.) This came to a head when she started demanding I work 7 days/week and I finally did point out my contract stated 5 days/week. This angered her greatly and, as it was coming up on a year she surmised if she held off a few weeks she could divest herself of me legally (I don’t believe the OT ever entered her mind; she just meted out 10 hours day of work and said “do it.”) Her general idea about nurses’ is we are all too ‘nurse-like’ to stand up for ourselves and do not object to endless uncompensated OT. I actually would not have been perturbed had this been an occasional event as it began. It really went into overdrive when I declined to work 7 days/week. Although I would prefer to have nothing to do with this manager I have requested my OT, made my agency aware and made all parties aware times in and out swiping card are way over what is written on time-sheet. Only one person permitted to sign time sheet and it just would not have been signed had I put in actual hours, I also would have been ‘gotten rid of’ without cause being contract.

  2. Sece says:

    We have a situation with an employee that works from home. the owner made a mistake (not familiar with the law) and terminated her employment because she claimed that she was under-paid and had filed a claim with the labor board (this is a sales position and her sales were not up to par) . The HR person immediately (within 10 minutes of the termination) called the attorney and the employee to say a mistake was made and that she could return to work the next day. Because this woman is a scammer (she stole a company phone list of employees that were employed BEFORE she ever worked there) and started calling all of these employees to try to get them involved in some sort of class action law suit. We are a very small company and we have gone above and beyond for this individual, she was a family friend so we kept her on way longer than we should have. Do we have any hope of over coming the retaliation claim, since we tried to rectify it immediatley…. the wage claim turns out to be un-founded.

  3. Kat says:

    Hello:
    I am not sure I am posting this on the right blog….
    Can someone shed some lights for me? Is this a wrongful termination?
    I worked through lunch time. When it is time to write up my timecard, I included those hours as my work hours. I then submitted my timecard to my manager, she did not like the high OT that I have. She ask me explained why I have so many OT. I answered her question by saying I worked lunch hours. She said, we do not pay lunch time if you work through lunch. She then asked me to redo the timecard and reduced the lunch time that I’ve worked (which was 10hrs) and asked me to sign it. I told her I will sign it but she got to compensate me somehow because she owes me 10 hrs. Days after, she does not say ‘hi’ to me. 3 days later, I got a call to the Operation Manager and she discharged me from work. Her reason was the market has slow down. Though, I have noticed, they have hired a woman in 5 days before this incident has happened. That women was supposed to be trained at our branch and get shipped out to another branch to work. Before I left, I was informed, she is staying at our branch.
    If the market is slow and they are getting rid of employee to cut back, shouldn’t she be the first one to go?
    I think because I spoke up about NOT getting paid on my lunch time and they find a reason to let me go.
    Do I have a case? If so, I have no idea who to go to…help.

  4. Interesting, these are good laws. Unfortunately, a lot of companies are probably perturbed, but it protects people that are trying to be honest and offer legitimate respect to law.

  5. Dan says:

    Is there any chance of a whistleblower article covering government code 53296 – 53299, Local Government Disclosure of Information Act? It seems to get little acknowledgment.

    Thank you

  6. Eugene Lee says:

    Thanks! Glad to see another whistleblower fan on the interwebs.

    Gene

  7. These are great posts, I am so glad you are taking the time to delve into this subject.

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4 responses to “An Ode to Whistleblowers and the Law: Part I”

  1. Eugene Lee says:

    Tom, agreed. I would add we need judges to enforce the spirit, and even the letter, of existing whistleblower laws. Too often judges “legislate” from the bench.

  2. Tom Crane says:

    Good stories about the ones who eventually received some vindication. But, as you mention, there are far more whistleblowers who suffer far more than they should. We need more whistleblower protection laws.

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Whistleblower Doctors are a Rare Breed

Did you know that, under California’s current system, doctors police and regulate themselves? If a doctor’s competence falls under suspicion, under a system called “peer review”, other doctors are expected to report, review and, if necessary, take action against the errant doctor.This probably seemed like a good idea at the time. After all, who better… Continue Reading

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Senate Passes Legislation to Strengthen Whistleblower Protection Act

Government employees who speak out against corruption, fraud or danger to public safety, usually at great cost to their careers and personal lives, have long found the door to justice slammed shut in their faces. U.S. officials have engaged in nothing less than all-out war to silence and punish whistleblowers. The courts, instead of upholding… Continue Reading

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And the Winner for Most Popular Discrimination Complaint in the US Is . . .

Ever wonder what the most popular discrimination complaint in the US is? According to the Equal Employment Opportunity Commission, the answer is racial discrimination / racial harassment. Following close behind are 2. sex discrimination / sexual harassment, 3. retaliation for making a discrimination complaint and 4. disability discrimination. I’ve created the below chart from discrimination… Continue Reading

5 responses to “And the Winner for Most Popular Discrimination Complaint in the US Is . . .”

  1. TookaStand says:

    As a state employee I’m currently targeted by not just my manager but 4 other managers who have deep financial, time, legal, and personnel resources provided by the tax payer that makes it so bad most employee’s won’t even attempt to stand up to the political appointees that really don’t care if my claim is sustained or not since the Governor will just appoint them to another post and the civil servant will go on being ostracized by the remaining managers and promotion hopeful coworkers. their motto “one retirement at a ttime”‘ im in AWOL for 1st time in 27years for a claim that I didmt report in which is a out and out lie. All is on my vocal”ckncern” about the appointees involvement with redurecting 126 million to local government interest that they previously had a vested interest and likely will again. my so called union is the current admins”puppets” that I’m forced to pay $90 a month to under an existing law written by those legislators that don’t correct the perception that the retirement benefits, job security and pay is all for the average rank& file but this just isn’t so. the blatant actions by the managers under the appointee are the worse I’ve witnessed in 25 years and with their current attacks against me. they might just get away with it because I’m becoming worn out trying to fight for the”people” when their elected officials are using the power of the office to push me out and away.

  2. Dfgodinez says:

    i just recently went back to work do to carpal tunnel surgery i had clock out a supervisor was at the door checking employes  to make sure there is no stealing going on i was the first one out she ask me to open my handbag as i stood out watching i was the only one she ask to see my handbag then a male supervisor walk out with his lunch box and she did not ask him to open it what can i do

    • DrTara Brasfield says:

      Dfgodinez, what U.S. state are you living in and what is your job title? Is this a constant and ongoing issue at your workplace? You only speak of one issue that really is not detailing whether or not this takes place daily or at least once every week. Are there other issues that take place as well and how many minorities could this be happening to versus non-minorities? You have to show that this could be happening consistently to you or to others who fall under the various types of minority workers or if this could be happening because of other reasons. One situation will not make this scenario a valid claim for harassment of any kind. Journal your day to day activities and how often certain people are targeted. This may help you determine what is truly going on.

  3. Tinat211 says:

    My husband works 4-10 monday – thursday.  three weeks ago his boss told him and another co-worker not to make any more plan for the next 3 month on friday and saturday because there mandatory over-time.  no vacation can be taken either.  but the last two friday and saturday the boss call of friday and saturday because he had plan.  there no written schedule, just a “you have to work today…oh wait i have plan no work today…. but yes work next friday and saturday..and if you (my husband and coworker) calls out they will be written up….

    Is the company allow to do this?

    • Tara says:

      Tinat211, what U.S. State are you living in? Your employer can “ask” or “request” for your husband to work on a particular day, but if your husband and his coworker are flexibly scheduled employee’s or hourly employee’s, there is no law that states they “have to” do it. Maybe your husband and his coworker, should start “journaling” what is taking place on a daily basis there in the workplace and try to research what the “motives” of his supervisor are. However, based on your scenario, it would be difficult to say.

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DLSE: Retaliated Employees Need Not File with State Labor Commissioner

There has been some confusion among federal and state courts in California as to whether an employee who has been the victim of whistleblower retaliation by their employer (under Cal. Labor Code s. 1102.5) must first file a complaint with the Labor Commissioner (under Cal. Labor Code s. 98.7) before they can proceed with filing… Continue Reading

3 responses to “DLSE: Retaliated Employees Need Not File with State Labor Commissioner”

  1. Kathy says:

    I need copies of my personnel files from a Circuit City Store. The company closed (bankruptsy) in 2008. How can I get my files.

  2. An Thai Do says:

    I’m a commercial truck driver. I’d been driven for a long haul carrier for a month, but they expected drivers using a illegal log book while carrying a load which means I’m a solo (single driver) drive the same hours like teams( two drivers). I discharged from the company because I didn’t deliver the load from New York to California within 65 hours (2 1/2 days) for a solo driver. I meant this company expected a solo driver drove long hours but less hours sleeping.

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