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Retaliation / Whistleblower Protection

It takes courage to voice concerns about illegal conduct or safety violations in the workplace. Employees who speak out about these issues should be commended, not retaliated against. We understand the damage that workplace retaliation can have on your career and financial future, and are here to help you determine a path forward. Through both hard-fought litigation and skilled negotiation, we have successfully resolved many cases on behalf of victims of retaliation, recovering tens of millions of dollars for our clients.

What is unlawful retaliation?

It is illegal for employers to take negative action against an employee because they have acted as a whistleblower or engaged in other activity that is protected under California employment laws. There are many types of activity protected under California law, including the following:

  • Reporting illegal conduct or fraud;
  • Refusing to engage in illegal conduct;
  • Reporting safety issues;
  • Complaining about unlawful pay practices;
  • Complaining about discrimination or harassment at work;
  • Willfully participating in workplace investigations;
  • Filing a claim with the Labor Commissioner, Department of Fair Employment and Housing, the EEOC, or another governmental agency;
  • Requesting or taking certain types of medical leave;
  • Resisting the sexual advances of a supervisor or colleague;
  • Disclosing the amount of your wages;
  • Disclosing information about your working conditions;
  • Engaging in political activity outside the workplace;
  • Refusing to sign certain non-compete agreements; or
  • Taking leave for military service

How can our firm help?

Rudy Exelrod Zieff & Lowe attorneys routinely litigate complex retaliation cases. We have won numerous jury trials in which employer retaliation was a key issue, and obtained sizeable recoveries for many other clients through negotiation and in mediation. We have an in-depth understanding of specific protections contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Sarbanes-Oxley Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), and other laws applicable to our clients’ unique situations.

Our attorneys have successfully represented clients in employer retaliation cases including:

  • A $4 million judgment for a high school football coach who was fired for reporting sexual misconduct at the school;
  • A $2.78 million jury award to an executive who blew the whistle on corporate theft of trade secrets;
  • A jury verdict of $1.6 million plus attorneys’ fees, affirmed on appeal, for a manager who was fired after complaining about sexual harassment.
  • $1 million in punitive damages awarded by the jury to an employee who was retaliated against for refusing to sign an illegal noncompete agreement, and
  • Successful negotiation for a client fired for complaining about false financial reporting.

If you have questions about your rights under state or federal anti-retaliation laws, please contact one of our attorneys.

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