It is against the law for an employer to take advantage of their employees by acting unethically or by pursuing, encouraging, or enforcing their employees into performing illegal activities. These egregious acts should be reported and not taken lightly by the proper authorities. As an employee, you should feel safe to report malicious, illegal, and/or violations committed by an employer. Any reporting employee should be able to rely on governing bodies and legal authorities to protect your rights as a worker and enforce workplace safety and employment laws without fear of retaliation or condemnation. If you feel your employer has broken or is committing violations against employment safety laws, workers rights, or enforcing others to do so, report these acts to the appropriate authorities and consult with expert legal counsel. Contact JML Law at 818-610-8800 in San Francisco to speak with an attorney who specializes in whistleblowing laws and the legalities of reporting these illegal activities and protecting your rights.
If an employee exposes or reports illegal, corrupt, unethical, and/or fraud committed by there employer or co-workers, then they are a Whistleblower. The Division of Labor and Standards Enforcement in The State of California, applicable in San Francisco, requires the placement of a posting at employment facilities that informs employees of their right to report the following (and more).
- It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation.
According to OSHA, employers are forbidden to exact retaliation upon any employee exercising their rights. Examples of employer retaliation could include:
- Firing or laying off
- Denying overtime or promotion
- Denying benefits
- Failure to hire or rehire
- Making threats
- Reassignment affecting prospects for promotion
- Reducing pay or hours
How To Proceed
Regardless of the severity of the violation, do not hesitate to do the just and legal task by coming forward and reporting unlawful misconduct by your employer. Any employer guilty of illegal violations face serious legal ramifications. Employers are legally not allowed to retaliate against an employee for reporting misconduct Under California Labor Code Section 1102.5.
- “if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.”
- In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000).
Do not hesitate to seek diligent, confidential, and vastly experienced legal counsel by contacting JML Law today in San Francisco at 818-610-8800 or by clicking here. Let our firm protect your rights and the future of your career.
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