Whistleblower gets fired after telling current boss about lawsuit.

Asked over 1 year ago - Santa Rosa, CA

Took a job out here because I could not work in my region after I filed a whistleblower lawsuit. When case came out from under seal, was advised to tell my current boss about as should they hear from other sources I would not be protected.
Had a performance review 3 months ago and everything was great. No problems reported and full speed ahead.
Told boss about WB case and 6 weeks later was fired. Not for cause, mind you but because you just 'dont fit in'.
All my numbers looked great and no issues were raised at last review 3 months prior.

Can anyone help?

Attorney answers (2)

  1. Craig Trent Byrnes


    Contributor Level 15


    Best Answer
    chosen by asker

    Answered . It is illegal to fire someone for having engaged in whistleblowing at a previous job. See Ca. Lab. Code ยง1102.5(d). It actually wouldn't have mattered whether the employer found out from you or from someone else, except that it is easier to prove their motivation since they found out from you directly.

    As in all of these cases, the issue is primarily one of proof. The timing in your case is clearly suspicious, and it is certainly good news for you that you had a positive performance review 3 months prior.

    If you believe that you have been retaliated against for your prior whistleblowing activity, it is important that you take action within your statute of limitations or your right to do so may be lost forever.

    I hope this information is helpful to you.

    Craig T. Byrnes

    Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with... more
  2. Neil Pedersen

    Contributor Level 20

    Answered . This Q&A board is not a place to recruit attorneys. If that is your intent, 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.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more

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