DAVID Bryant worked for 22 years for San Diego Gas and Electric as a bill collection clerk and then as a senior collector. For several years, he has reportedly complained about the company’s illegal bill collection practices that targeted the company’s poor customers who live in densely populated areas. The illegal practice was aimed at increasing the company’s monthly revenue at the expense of the public.
After several complaints about the practice, Bryant was fired. He sued for wrongful termination and retaliation.
During trial, the company contended that Bryant was terminated because he violated company policy and he engaged in inappropriate conduct. However, after hearing from both sides, the jury decided in favor of Bryant and awarded him more than $860,000 in compensatory damages and $1.3 million in punitive damages.
The California Whistleblower Protection Act protects whistleblowing state employees from retaliation by their employers. It provides for civil liability against any person who intentionally threatens or retaliates against a state employee for making a ‘protected disclosure.’
A “protected disclosure” is a good faith communication disclosing information that may show (a) an ‘improper governmental activity’ or (b) a condition that may significantly threaten the health or safety of employees or the public if the disclosure was made for the purpose of remedying that condition.
An ‘improper governmental activity’ is an activity performed by a state agency or state employee within the scope of his or her employment that (i) violates state or federal law or regulation; (ii) violates state policy, procedure or executive order; or (iii) is grossly negligent, incompetent or wasteful.
The law further provides that an employer, or any person acting on behalf of the employer, shall not retaliate against an employee for providing information to a government or law enforcement agency, where the employee reasonably believes that a violation of state or federal laws has occurred. The employer cannot also retaliate against an employee who refuses to participate in activities that violate the law.
How does an employee prove to the court that the employer has engaged in illegal retaliation?
First, it must be shown that the employee engaged in a protected activity, such as providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry.
Second, it must be shown that the employer subjected the employee to an adverse employment action, such as demotion or a termination.
And lastly, it must be shown that there is a ‘causal link’ between the employee’s and the employer’s respective conduct. A causal link may be established by an inference through circumstantial evidence. For example, the employer knew that the employee engaged in protected activity and immediately after, the employee was fired. Evidence that the employer knew about the employee’s protected activity is important in establishing the causal link.
California’s anti-retaliation law protecting whistleblowers was recently expanded to cover employees who complain within a company about unlawful practices. It also now applies to cases where the employee truly believed the conduct they complained about was unlawful, even if it was not.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.