Sexual harassment attorney San Diego.:Do You Know Your Employment Rights?
Many callers to an employment attorney San Diego believe they have been treated adversely at work because they have complained about some employer actions against themselves or coworkers which they believed to be discriminatory. In many cases, an employee has complained about an illegal activity and the employer has reacted with hostility rather than admitting, investigating or just simply denying the allegation says sexual harassment attorney San Diego. This may be illegal "retaliation". Retaliation actually is easier in many cases to prove than the underlying acts on which the complaint was made. When the adverse action is serious, such as termination, demotion, transfer to a less desirable location or shortened or inconvenient hours, good cause to file a lawsuit may exist.
Our firm received a jury verdict of over one million dollars when a health care employee complained to the state ombudsman about neglect of residents due to dehydration and was fired for complaining. (Maxwell vs. Beverely Enterprises). In that case, the evidence proved that the underlying complaint was valid, but the same result could have been upheld on appeal (our case went all the way to the California Supreme Court) even if the plaintiff had simply believed in good faith it occurred).
According to employment attorney Orange County, take as an example an employee who believes that minorities are not given equal promotion opportunities and complains about it. The complaining employee doesn't even have to be a member of the protected or minority group (which could be sex, age, race, national origin, or protected physical or mental condition). In many cases, Human Resources will go through the motions of doing an "investigation", only to deny that any discrimination took place. Some employers then fire, demote or otherwise harm the whistleblowing employee. When that employee calls us, we ask one simple question: "Did you have a reasonable even if mistaken belief that the discrimination (or illegal activity) was taking place?" if the answer is yes and the facts on which that belief are credible, we would seriously consider representing that employee on our usual contingency (no recovery, no fee) basis.
While employers may fire employees under their "at will" perogative, or relying on a "reasonable but mistaken basis for believing that good cause exists" (in those rare cases good cause is needed, such as pursuant to a contract or very long, loyal employment), so too may an employee complain without fear of retaliation when they believe that discrimination or whistleblowing has occured. Many new laws such as the Dodd Frank Financial Reform Act, provide enormous financial incentives for employees to blow the whistle. We'd be happy to review the facts of your case. As always, this blog does not constitute legal advice, which can only be given by someone in your state (we practice in California), competent to practice in employment law and knowledgeable of the facts says employment attorney San Diego.
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Orange County Employment Attorney CA services all of San Diego & Orange County Areas San Diego employment attorney handles wrongful determination Orange County, sexual harassment, discrimination & more
Many callers to an employment attorney San Diego believe they have been treated adversely at work because
Many callers to an employment attorney San Diego believe they have been treated adversely at work because they have complained about some employer actions against themselves or coworkers which they believed to be discriminatory.
Many California employees contact us to find out if they are entitled to "whistleblower" protection. Both state and federal laws protect persons who report illegal activity by their employers says employment attorney Orange County.
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