Whistleblower Retaliation Attorneys
Under both federal and state law, you are provided certain protections from retaliation by your employer for engaging in protected activity. Protected activity can span a broad range of different things from cooperating with a government agency in an investigation, to reporting perceived illegal activity to management. Generally, in order to have a claim for whistle blower relation based on a protected complaint, you must have complained about some type of illegal activity. However, if you believed in good faith that an activity was not legal (when in fact it was), you complained about it, and suffered retaliation as a result, you may still have a claim for whistle blower retaliation. If you are considering engaging in any form of whistle blowing activity, or feel that you may have suffered retaliation because of it, you should consult with an attorney as soon as possible to determine the best way to proceed. You have one year from the date of the adverse employment action to file a claim with the Department of Fair Employment and Housing (DFEH). Once a claim has been filed, and a right to sue letter has been issued, you have one year to file a claim in superior court. It is important to understand that unless the retaliation has been continuous, the deadline to file with DFEH is calculated by the last time you suffered an adverse employment action as a result of the protected activity. The statute of limitations (the time limit you have to bring a claim in court) is often unclear, which is why it is imperative to consult with an attorney as soon as possible to preserve your claims