My employer fired me after I complained about something at work. Do I have a whistleblower claim?

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My employer fired me after I complained about something at work. Do I have a whistleblower claim?

A whistleblower is someone who reports suspected legal misconduct or violations in the workplace. If you were fired in retaliation for reporting something at work that you believe violated the law, you might have a whistleblower claim. As long as you made the complaint in good faith, you are legally protected as a whistleblower.

Whistleblower laws protect employees who report their employer’s illegal actions to a supervisor, H.R., or someone else with authority; or who file a complaint with a government agency. Employees have the right to complain about an employer’s unsafe working conditions, participation in illegal business practices, failure to investigate reports of unlawful discrimination or harassment, wage violations and other suspected illegal activities.

Employers are prohibited from firing employees in retaliation for complaining about illegal activity at work. Whistleblower retaliation can also take other subtler forms such as punishing an employee through a demotion, reducing shifts or denying professional opportunities. Additionally, employers cannot stop workers from cooperating with a law enforcement agency that may be investigating suspected violations.

In some cases, retaliation might not make for a strong wrongful termination case. For example, if you complain that your boss micromanages you, and then you get fired, this would likely not be a strong case for illegal termination because micromanaging is not prohibited by law. The thing you complain about must be something you reasonably and genuinely believe violates the law.

California whistleblower protection laws allow employees who suffer retaliation for reporting workplace legal violations to sue their employer for damages. At McCormack Law Firm, our employment lawyers can help you determine whether the laws apply to your situation and ensure you understand your rights as a whistleblower.

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Client testimonials

This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.

I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.

I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.

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