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Whistleblower gets fired after telling current boss about lawsuit.

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

Posted

It is illegal to fire someone for having engaged in whistleblowing at a previous job. See Ca. Lab. Code §1102.5(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.

Sincerely,
Craig T. Byrnes
www.ctblawfirm.com
310-706-4177

Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.

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2 comments

Asker

Posted

Mr. Byrnes, Thank you so much for taking your time to provide helpful information. As you can guess it is a very traumatic time for me and your understanding of what I needed shows your compassion. What is is the limitations if I may ask? Yours truly, XXXXXXXX .

Craig Trent Byrnes

Craig Trent Byrnes

Posted

You're very welcome. It usually depends on the statute that you're suing under. There's also some disagreement in California over what you must do to protect your statute of limitations. For example, if you were able to pursue a case under 1102.5, most California courts would hold that you had 3 years from the date of termination to do so. Some federal courts, however, have held that you must file a complaint with the Labor Commissioner within 6 months of the termination. I think the California courts are correct, but it's a dangerous proposition to mess up. Please be aware that I'm not trying to tell you that you have a case under any particular statute, or at all. I can't tell that without having a much longer discussion with you. Sincerely, Craig T. Byrnes www.ctblawfirm.com 310-706-4177

Posted

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 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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1 comment

Asker

Posted

Thank you for your input. I am looking to see if I have a case and my rights if I do. Have a good day.

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