According to the Labor Code Section 1102.5, "An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.". Currently, I highly suspected that the former employer may intentionally transfer some of case information to my existing employer. My question is that: Do I need to notify the existing employer on this matter? Thanks!
Employment / Labor Attorney
No, you have no duty to tell a present employer that you acted as a whistleblower while employed in another job. In fact, if your suspicions are incorrect, and your present employer is presently unaware of the prior conduct, you will be disclosing the information to the employer. If you are trying to set up some kind of situation where you want to make a LC 1102.5 claim, telling the employer about the prior conduct would allow you to prove knowledge of the conduct, but it is rarely a prudent and wise thing to try to set up a lawsuit. Lawsuits are not what they are cracked up to be, and any appearance that you are doing that would crush your credibility.
Furthermore, be careful when assuming that prior conduct is whistleblowing. Not all forms of complaining will constitute such.
If you think your present employer is engaging in, or will soon engage in, a violation of LC 1102.5, you should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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Don't do anything relating to presumed protections of "whistle-blowers" without first getting specific legal advice from an attorney with extensive experience in w-b matters. W-b protections under the law are far more narrow and restrictive than you would believe. And if you act in reliance on mistaken belief of protection, you are at risk. Get the critical legal analysis and advice FIRST.
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