whistleblower rights

Ex-Uber Employee Seeks to Open Closed Doors of Forced Arbitration

April 21, 2018 | by Nassiri Law

We’ve heard all too many stories since the emergence of the #MeToo movement about women who wanted to come forward with their accounts of workplace sexual misconduct, but their companies had created loopholes that made it nearly impossible or too risky to go public. One former Uber employee is kicking down some of those barriers and working alongside the California Assembly to make it happen.

The former Uber engineer drew national attention when she previously wrote a blog post about alleged sexual harassment and questionable practices within the company, according to Tech Crunch. Her courage to speak up led to the resignation of Uber’s then CEO last summer. Now the ex-employee is supporting a bill that will help women in situations like hers to be able to seek public legal action. Assemblywoman Lorena Gonzales Fletcher (D-San Diego) introduced AB-3080, a bill that addresses one of the major ways companies try to silence internal complaints: forced arbitration.

Whistleblower Rights Protected in Idaho Case

January 29, 2018 | by Nassiri Law

When whistleblowers come forward to expose wrongdoing within a company, it is important that there be protections for those reporting the misdeeds. Too often whistleblowers face retaliation, including harassment at work, threats, or wrongful termination.

Even more extreme, sometimes laws are put in place that punish whistleblowers rather than the companies accused of wrongdoing.

Such is the case in Idaho where the U.S. 9th District Court of Appeals struck down part of a law meant to prevent undercover investigations in livestock and meatpacking plants. The court determined that the law, known more commonly as the “ag gag” law, violated the right to free speech under the First Amendment by too broadly restricting the ability to record and report issues within the industry, according to a report from The Associated Press. Continue Reading ›

Whistleblowers Have Rights Which Can Expose Employers to Liability

September 10, 2017 | by Nassiri Law

Employers can encounter many different types of whistleblowers in their daily operations. Most people imagine the classic example of a low-level employee who alerts federal authorities to embezzlement, fraud, or other white collar crimes. But these types of blatant offenses are increasingly rare. Whistleblowers can bring attention to a wide variety of far more subtle violations. These can all expose the unprepared employer to legal liability, poor public relations, and other damaging consequences.

Whistleblowers have rights under both state and federal law. The California Labor Code prohibits employers from retaliating against employees who report a violation of the law to government authorities. Similarly, the federal Occupational Health and Safety Act also prohibits retaliation against employees who report violations of the Act. Employers who do not appropriately respond to whistleblower complaints may therefore face both state and federal liability – in addition to administrative consequences (such as the loss of a business license) and bad publicity. Continue Reading ›