San Jose Retaliation Attorneys
There are several federal and state laws that provide protection for employees who report violations of law or who exercise a right under a law. In some situations this is referred to as “retaliation” and in other situations it is called “whistle blowing.” Here are some of the relevant laws that apply in California:
Federal Retaliation / Whistleblower Statutes
Whistleblower Protection Act
General Military Law – protection for a military person who reports various types of violations.
10 U.S.C. §2409 – federal defense contractor employee protection.
Sarbanes-Oxley Act – protection for security analysts.
Toxic Substances Act
Asbestos Hazard Emergency Response, 15 U.S.C. §2651
Consumer Product Safety Act
Major Fraud Act
Age Discrimination in Employment Act
Occupational Safety and Health
False Claims Act
Title VII – civil rights
Americans with Disabilities Act
Workforce Investment Act
California Retaliation / Whistleblower Statutes
Government Code §8547 – disclosing improper government activity.
Health & Safety Code §1287.5 – disclosing unsafe patient care and conditions in health care facilities.
Labor Code §98.6 – reporting Labor Code violations.
Labor Code §1102.5 – general whistle blowing statute.
Labor Code §6310 – health and safety violations.
Labor Code §6399.7 – toxic or hazardous substance violation reporting.
Financial Code §6530
False Claims Act, Government Code §12653 – protection for those reporting fraud against the government.
The Fair Employment and Housing Act, which addresses employment discrimination, harassment, failure to accommodate, and retaliation, provides this language about retaliation:
- Government Code §12940: “It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
- (h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”
Retaliation can come in various forms. A single retaliation incident by itself may or may not constitute illegal retaliation, but taken collectively, all of the incidents may be illegal retaliation. Here are a few examples:
- Negative or adverse evaluations
- Unwarranted warnings, written or oral
- Unjustified placement on a performance improvement plan
- Salary reduction or pay cut
- Exclusion from meetings or normal activities
- Reduced hours
- Unfavorable work schedule changes
- Lost job opportunity
- Overlooked for a promotion
- Denial of a bonus
- Hostile attitude by your supervisor or manager
- Defamatory statements by management harming an employee’s reputation
- Reduction in job responsibilities
- Assignment of less desirable work
- Suspension from work
- Termination or firing
Contact Our Retaliation / Whistleblower Attorneys Today
Your local Bay Area attorneys of Habbu & Park can help you sort through the challenges of a potential or actual retaliation or whistle blowing case. If you are faced with such a situation or if you want to reduce the occurrence and harmful consequences of illegal retaliation or whistle blowing, please contact Habbu & Park in San Jose right away. We can advise you on all aspects of your situation.
We can be reached by phone at 408-993-9577, by email, or by visiting us at 95 South Market Street, Suite 530, San Jose, California 95113.