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November 2014 Archives

Whistleblower retaliation: Wrongful termination under Labor Code § 6310

California public policy supports the safety and well-being of employees in their place of work. To this end, the California legislature passed California Labor Code section 6310. This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace.

Wrongful termination of whistleblowers - Labor Code § 1102.5

When an employee feels he has been wrongfully terminated by his employer as a whistleblower, one of his most important protections comes from California Labor Code Section 1102.5. California's "whistleblower" statute was designed to encourage workers to report unlawful acts without fear of retaliation. When an employee makes a good faith disclosure of a violation of federal or state law he should be able to disclose it without fearing reprisal. But just because a retaliated against employee made such a disclosure doesn't necessarily mean he will have a successful case. In order to understand what makes a claim successful, one should look at the method by which courts analyze whistleblower cases.

Continued progress for transgender employees in federal government jobs

The U.S. Office of Special Counsel (OSC) recently found that the Department of Army engaged in gender identity (transgender) discrimination against Tamara Lusardi, after Lusardi announced she was transitioning from male to female. The OSC is an independent federal investigative and prosecutorial agency tasked mainly with protecting federal employees from prohibited personnel practices (PPP) in violation of 5 U.S.C. § 2302. This particular law is limited to federal employees but it contains the same basic principles as the sections of Title VII of the Civil Rights Act of 1964 which relate to employment discrimination.

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