Whistleblower Protections Attorneys
It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation.
A whistleblower is an employee that disclose information that he or she reasonably believes violates state or federal law; or local, state or federal rule or regulation; or involves employee safety or health. An employer may not retaliate against an employee who is a whistleblower, or against an employee that refuses to participate in an activity that he or she believes would result in violation of state or federal laws.
Two main statutes that prohibit employers from retaliating against its employees for reporting conduct they reasonably believe is illegal are the Fair Employment and Housing Act and Labor Code section 1102.5.
The Fair Employment and Housing Act prohibits retaliation against any person for making a complaint under the FEHA, for assisting another in making such a complaint or for opposing any action in the workplace that would constitute a violation of the FEHA.
Labor Code section 1102.5 prohibits retaliation against an employee by an employer for disclosing information that the employee reasonably believes is a violation of law to a person who has authority to investigate or correct the violation, and for refusing to participate in illegal activity. One way to establish a prima facie case under this statute is to show the employee (1) complained about the conduct that he or she reasonably believed to violate the law; (2) the complaints were received by the employer; (3) the employer negatively altered the terms and conditions of the employee’s employment; and (4) these actions were taken because the employee complained.Once an employee establishes the above elements, the employer would need to prove by “clear and convincing evidence” that it would have taken the same action in the absence of the employee’s protected activity.
An employee can also bring a retaliation claim under Labor Code section 6310. Under this section, prohibited retaliation includes discharge, threatened discharge, demotion, suspension or refusing to renew an employment contract. As long as the employee made a health or safety complaint in good faith, it does not matter for purposes of a wrongful termination action that the employee did not specify the particular safety statute or regulation the employer was allegedly violating.
If your rights have been violated, you may be entitled to damages.
Under state and federal law, you might be able to recover damages, such as emotional distress and lost wages. Additionally, under the FEHA, Labor Code sections 1102.5 or 6310, as well as federal laws you may be awarded punitive damages as well as your attorney fees and costs if you prevail.
Contact us today for a case evaluation.
If you have been wronged by your employer, you may be scared and unsure of your rights. If you are interested in learning more about your rights, discussing your potential whistleblower claims and obtaining legal advice from an employment attorney, please contact the Avloni Law Firm today for a confidential consultation.Contact Us Now
Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.Lael Abaya
My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.Ryan Shannon
Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.Tessa K
Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.Tiffany M
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Navruz is an intelligent, dedicated, and talented attorney.Kyle Morishita
I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.Alexei Kuchinsky
I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!Ryan Cadry
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Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.Valerie