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I am a custodian on base for 7 years and so sick and tired of being discriminated i want to sue my company

Oxnard, CA |

but i do not know how and if i will win my question is the list.. they hiring convicted felon,false advertisement labor laws violations, corruption scandal,fraud waste abuse,conspiracy,misleading,lying,human rights violation,not clocking out for lunch,falsification of operation,falsification of employment,job abandonment,i been collecting proof and i have documentation everyday.,what is the risk of being a whisle blower ? i am afraid to lose my job do you think i can win the case? and how will i do it i do not know how to start and who lawyer can help me,?my salary is not even enough for my bills and want to get out of this mess makes me stress everyday.please help

Attorney Answers 5

Posted

Many employment lawyers offer free consultations and they can evaluate what claims you have. If your employer was not providing proper meal or rest breaks and discriminating against you then you may have a case, but we'd need more facts to evaluate your claims.

Neville Fernandes
510.900.9044
nf@nccounsel.com

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Posted

You make a lot of claims and, I suppose you have the evidence to back them up. Any case is only as good as the evidence you have to prove your allegations. The only way you will be able to get an informed opinion about the merits of your case is to meet with experienced employment law attorneys, present your evidence to them and answer the many questions the attorneys will have. Even then, no attorney, no matter how good they are, can assure you a victory. Lawsuits are a risk. There will always be unexpected variables which will come into play in every case. You just never know how a judge, jury or arbitrator will view the evidence after hearing both sides of the story.

If you do decide to pursue your case, it will put a strain on your current employment relationship. Retaliation is illegal but that does not mean it won't happen, subtly or otherwise. It is only human nature that people will not like or trust you after you blow the whistle on them. Most of the time, it will mean the end of your employment with this company. But if what you are saying is true, why would you want to stay there anyway?

Start you search for attorneys by either using the "Find a Lawyer" function on this page, or go to the website for the California Employment Lawyers Association at www.cela.org and serach for CELA members in your county. Talk to a few attorneys, so you can get different opinions.

Good luck.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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2 comments

Robert Pecco Baker

Robert Pecco Baker

Posted

If he can allege all of those claims without contradicting himself somewhere I would be amazed

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

I get it. He or she is frustrated with what they are experiencing. Most of the claims are not even actionable, but some may be. We can't discount it without knowing the facts. The asker needs to talk to someone who can decipher whether there is anything there out of the frustration from working for a bad employer.

Posted

Much of what you speak of is not actionable discrimination, but simply bad practices and collateral unlawful conduct. Your risk of being a whistleblower is you may lose your job. You may well have a lawsuit to replace it with, but it is rarely a good idea to give up a job in exchange for a lawsuit. However, some times it become necessary.

The complexity of your situation really requires exploration of many details, so your prudent move would be to find an employment law attorney and consult directly with him or her.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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Posted

Whistleblowers are employees who refuse to violate the law, or who report wrongdoing that harms the public or has the potential to harm the public. The wrongdoer can be a private employer, a private entity, a federal, state or local government, or another employee. Usually, but not always, the wrongdoing benefits the person or entity that engages in the wrongdoing. Harm to the public may be caused by inflated prices, dangerous products, environmental harm, and more.

Whistleblowers are protected by law. The purpose of whistleblower protection laws is to allow employees to report, stop or testify about this kind of wrongdoing, as a benefit to the public. Note that complaints about wrongdoing that only harm the employer itself are not protected by whistleblowing laws. Many whistleblower laws have a very short time period in which to file a claim. Please see my Avvo guide to whistleblowers for more information about whistleblowing: http://www.avvo.com/legal-guides/ugc/whistleblowers-and-their-rights?published=true.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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Posted

if you put together a laundry list of claims anything like this you are going to turn the judge off. Every set of facts tells a story of a primary right being violated. A good lawyer will know the no more than a few claims that are intended to apply to that situation. In addition, a creative lawyer may want to take a chance on a cause of action that is a stretch, but that chance will be taken for a strategic reason such as it affords a greater scope of relief or it invokes insurance coverage. But any lawyer who includes in his/her complaint a LOT of claims that do need seem to arise from the facts pleaded is asking for trouble for both lawyer and client.

You are saying that you do not know how to put t he complaint together and do not know what to do after that. But, you cannot even pay your bills, let alone an attorney. So, you cannot handle this and you cannot afford to hire someone to do it. You need to either forget this idea or convince some lawyer to take it on a contingency, getting paid from the recovery

You have given no facts that would interest any lawyer in doing the case on a contingency- no reason to think there will be a big recovery at the end from which the lawyer can get paid.

Tell me more about the human rights violation

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