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

Asked almost 2 years ago - 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)

  1. Michael Robert Kirschbaum

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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... more
  2. Neil Pedersen

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  3. Neville Francis Fernandes

    Contributor Level 11

    5

    Lawyers agree

    Answered . 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

  4. Marilynn Mika Spencer

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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/whistleblo....

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  5. Robert Pecco Baker

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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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