Case Evaluation - Whistleblower Retaliation
At Nassiri Law, led by attorney Damian Nassiri, we are committed to representing employees who have been wrongfully terminated, discriminated against, or faced retaliation in the workplace. One such case that we are currently handling involves our client against their former employer. This case is a clear example of the violation of California's robust employee protection laws.Whistleblower Retaliation
California Labor Code § 1102.5 and § 1102.6 provide substantial protections for workplace whistleblowers. These laws prohibit retaliation against employees for reporting violations of the law in the workplace. In our client's case, they reported a discriminatory comment made by a manager during a meeting. Despite assurances from the employer's Human Resources department that they would not face retaliation, our client was terminated shortly after their report. The close timing between their report and termination provides an inference of retaliation.
Our client's employer is facing allegations of whistleblower retaliation. This is a serious violation of California law, which protects employees who report illegal activities in their workplace. The employer's actions in this case, terminating our client shortly after they reported a discriminatory comment, is a clear example of wrongful termination.Disability Discrimination
The Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against an employee because of their disability. The employer was aware of our client's ADHD and neurodiversity. Despite their disabilities, our client performed their work duties successfully, earning bonuses and compliments. However, they were discharged shortly after reporting discriminatory comments about their disabilities, suggesting that their disabilities were a substantial motivating reason for their discharge.
Discrimination based on disability is a serious violation of California law. Employers are required to provide reasonable accommodations to employees with disabilities and cannot terminate an employee based on their disability. In this case, our client's employer failed to uphold these legal obligations, leading to a clear case of unlawful termination.Failure to Prevent Discrimination and Retaliation
Under California law, employers have an affirmative and mandatory duty to prevent discrimination and retaliation in the workplace. The employer failed to take appropriate steps to prevent discrimination and retaliation against our client. Instead of enforcing our client’s rights, the employer terminated them shortly after they reported the discriminatory comments.
This failure to prevent discrimination and retaliation is a clear violation of California law. Employers are required to take all reasonable steps to prevent discrimination and retaliation in the workplace. In this case, our client's employer failed to uphold these legal obligations, leading to a clear case of wrongful termination.Wrongful Termination and Retaliation in Violation of Public Policy
An employee has a cause of action whenever an employer subjects an employee to termination or any other adverse employment action in violation of public policy. The employer terminated our client's employment in violation of the substantial and fundamental public policies against retaliation and discrimination against an employee with a disability.
This case is a clear example of wrongful termination in violation of public policy. California law protects employees from termination or other adverse employment actions that violate public policy. In this case, our client's employer violated these protections by terminating our client's employment in retaliation for their report of discriminatory comments.Conclusion
This case review highlights the importance of understanding your rights as an employee. If you believe you have been wrongfully terminated, discriminated against, or faced retaliation in your workplace, it is crucial to seek legal advice. At Nassiri Law, we are dedicated to fighting for employee rights and holding employers accountable for their actions. If you need assistance, don't hesitate to contact us at 949-375-4734 or visit our Wrongful Termination page for more information.