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Posted over 1 year ago.

Other than being a legally protected activity, what you report also have to be a benefit to the public? Does all legally protected activity not benefit public? Does it mean one can be terminated for reporting a legally protected activity and still does not have a wrongful termination claim?

Neil Pedersen
Neil Pedersen, Employment / Labor Attorney - Irvine, CA
Posted over 1 year ago.

No, not all unlawful conduct hurts the public at large for purposes of determining if you have a legitimate legal claim. For instance embezzlement is illegal, but if you were to report that your supervisor was taking company money for his own benefit, that would not be a reporting of illegal conduct that would be considered to affect the public.

It is your use of the term "legally protected activity" that creates the problem here. We attorneys run into potential clients who characterize conduct incorrectly all the time. Generically, if you are correct that you were retaliated against for engaging in "legally protected conduct" then you have a case. We all simply question what you define as "legally protected conduct" because that is the key to the issue.

Good luck.

David Andrew Mallen
David Andrew Mallen, Employment / Labor Attorney - El Segundo, CA
Posted over 1 year ago.

Wow. Good questions. After staring at my toes and meditating on the answer, let me answer your question with a two yes-or-no questions. Did you complain about employer conduct that you reasonably believed to be unlawful? Can you point to a state or federal law or regulation that the employer's conduct violated? You need to be able to answer "yes" to both questions, preferably with the help of a lawyer. Without more facts, I cannot answer your question in a legal vacuum.

David Andrew Mallen
David Andrew Mallen, Employment / Labor Attorney - El Segundo, CA
Posted over 1 year ago.

I agree with Mr. Pedersen.