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Whistle Blowing & Retaliation

Resolve Whistle-blower Actions and Employer Retaliation Claims

Defending employers throughout Alameda and Contra Costa Counties

Employees who report violations of labor laws, health codes, and other employment rules and regulations are protected under state and federal laws. While you may initially want to terminate or otherwise discipline an employee who reports a perceived violation at your business, it is in your best interest to abstain from such behavior. Employees enjoy protection under whistle-blower laws, which shield them from employer retaliation. The Pleasanton attorneys at Garcia & Gurney A Law Corporation advise employers about the most appropriate courses of action to take in complicated employment dispute matters — from whistle-blower actions to discrimination.

Whistleblower protection acts

Under both the California Whistle Blower Protection Act and the Whistle Blower Protection Act of 1989, employees can report waste, fraud, abuse of authority and violations of laws at an area of employment. If an employer takes action against an employee for reporting such behavior, the employer faces legal consequences. For example, under the California Whistle Blower Act, you are subject to a fine of up to $10,000 and up to one year in prison for retaliating against an employee acting as a whistle blower.

However, this does not mean that you are powerless against an employee who reports an alleged violation, act of fraud or abuse of authority. At Garcia & Gurney A Law Corporation, we review the facts of the whistle-blower case against you to determine whether it is valid or whether a false claim has been made. Additionally, our Pleasanton lawyers are prepared to litigate fiercely to protect your best interests.

Social media and concerted activity

Imagine that an employee has made derogatory statements about you, your business or a managing partner on Facebook or Twitter. Rather than taking immediate disciplinary action against the employee, you should first consult with an attorney at Garcia & Gurney A Law Corporation in Pleasanton. Under the National Labor Relations Act, the employee’s statements on social media sites may be considered concerted activity and therefore protected from employer retaliation. For the behavior to be considered concerted activity, it must be proven that it was conducted in the authority of, or with, other employees. So, if the individuals who posted or responded to the employee’s comments were co-workers, they may be protected.

Obtain sound employment law advice in California

Whistleblower actions can become complicated very quickly. At Garcia & Gurney A Law Corporation, we recognize the importance of defending employers against such claims swiftly and skillfully. For help with a labor and employment issue or other business law matter in or around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.

Client Testimonials
  • "Melinda Garcia came very highly recommended by two colleagues who raved about her expertise and assertiveness. She and her team are extremely responsive and help us navigate the legal challenges of our consulting business. We're thrilled to have Melinda on our side!"

  • "Melinda Garcia was wonderful to work with. She is an outstanding listener and has a great memory for details and personal information.... which makes one feel very comfortable and welcome. I would highly recommend her to anyone not only because of her outstanding abilities but because of the compassion she eludes in dealing with an individual's issues/concerns."

  • "Highly recommend! "

  • "Melinda Garcia provided me excellent advice in resolving an employment agreement related to an acquisition of the company I worked for. She is very knowledgeable, asked me what I wanted to achieve with her services, provided excellent service to achieve those goals, and was very cognizant of fees. I recommend her for employment related services."

  • "Melinda Garcia provided excellent guidance with an employment/compensation case. Her knowledge of employment law, and strong negotiation skills, brought the case to a successful conclusion."

  • "Melinda Garcia has done an excellent job assisting us as we established our small business. From incorporation to contract negotiations, Melinda Garcia and her staff were outstanding"

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