During the time period, it was discovered that a person working under me, however, serving as a volunteer on the board tampered with member accounts. After the discovery I was harrassed and retaliated against. I ended up being fired for using leave. There was no policy in place saying I could not use my accumulated leave on what was my normal scheduled day when the office closed due to a holiday. There was no other pay recieved by the employer on that day.
Employment / Labor Attorney
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
Depending on the nature of your report to the federal regulator, you may have a claim for whistleblower retaliation. 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.
Also, there may be state laws that protect you. Check with attorneys in your state. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing.
I hope you can resolve your situation and wish you the best.
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. ***
Employment / Labor Attorney
I agree with Attorney Spencer and would encourage you to try to obtain at least 2 “no charge” “no obligation” consults with locally-based employment attorneys. Those of us who regularly answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. The bottom line here from my perspective is that it's always wise to invest time in an effort to become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Connecticut and Massachusetts / 800-932-6457 /email- firstname.lastname@example.org / website- www.fortgangemploymentlaw.com
ROBERT FORTGANG ASSOCIATES, LLC - DISCLAIMER These materials have been prepared by Robert Fortgang Associates, LLC and are to be used for informational purposes only. These materials are not intended, and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney–client relationship. Additionally, any submission or receipt of such information via any means of transmission does not create an attorney-client relationship. Internet subscribers and on-line readers should not act upon any of the information contained on this web site without seeking professional counsel. Please do not send us information until you speak with one of our lawyers and receive authorization to send that information to us.
Personal Injury Lawyer
Based upon the information you have provided, you may have a wrongful termination claim under Connecticut and/or federal law. An employee who reports whether internally or externally illegal misconduct being committed by his employer is afforded certain legal protections. You should contact a Connecticut employment lawyer to discuss. You can call my office at 860-667-0839 to discuss the potential claim with me.