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California- filing a whistle blower complaint

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  • California- filing a whistle blower complaint

    July last year I sent an email to division management about the rampant wage theft I found.

    Their investigation found nothing even though I have all the physical proof (they do not know this).

    All year I have been attacked and accused of false doings which I have proved they were false in response emails. (I have every email and rebuttal email detailing this)

    I recently applied for a promotion and was passed over for someone with no experience compared to my 4 1/2 years and he only had 3 months with the company compared to my 6 years. I was this positions superior before I took a demotion to transfer back home. I am in a union and currently going through the grievance process. They are going to take it to arbitration. The union can't believe it with the evidence(my experience and seniority, the promoted ones application which states no previous experience in his entire work history, my recommendations from previous managers, and my office I run was ranked #7 out of 290 in our division year ending last year and on pace to beat it this year)

    The denial of promotion in light of my qualifications compared to the promoted guys and their digging their heels in the ground are what makes my believe his has to do with the whistleblowing email I sent about wage theft.

    Anyone think I'm right?

  • #2
    This is maybe complicated. A lot of the things you discuss are not inherently illegal. And "whistleblower" in a legal sense involves reporting to the government or the public at large, not just someone in the company. This is far from area of expertise but it is less then clear to me what exactly the legal violation is here (if any). If you are in a union, then the recoure is generally through the union.
    http://en.wikipedia.org/wiki/Whistleblower#USA
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Denial of promotion in retaliation would be the illegal thing. You don't have to whistleblow to a government agency to be considered whistleblowing. It can be to the company.

      Comment


      • #4
        Denial of promotion per se is not illegal. What exactly is the name of the law you feel is being violated?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          It is, if it was retaliation to blowing the whistle. http://www.whistleblowers.gov/. Lower left. "Denying overtime or promotion"

          Comment


          • #6
            You are citing the OSHA law. This law (and it's related whistleblower protection) according to your cite is specific to the following:

            OSHA's Whistleblower Protection Program enforces the whistleblower provisions of twenty-one whistleblower statutes protecting employees who report violations of various workplace safety, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. Rights afforded by these whistleblower acts include, but are not limited to, worker participation in safety and health activities, reporting a work related injury, illness or fatality, or reporting a violation of the statutes
            Which as far as I can tell is legally unrelated to your do an in house email related to "I sent an email to division management about the rampant wage theft I found". Still, if you think this actually has something to do with your situation, file a complaint as specified in your cite.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              What you see to be "rampant wage theft" may not actually be illegal. However, we can't tell you one way the other until you describe the nature of this "rampant wage theft." And until we know whether or not it was illegal, we cannot determine whether what you're experiencing now is illegal retaliation.

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              • #8
                And if we know exactly what law (if any) is being violated, then we know what whistleblower protections (if any) are associated with that law. But there is no generic whistleblower protection applicable to all situations, just certain laws with certain protections.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  Since you are working with your union, it is all a moot point. They are handling it and chances are good that some of these things are addressed in your CBA which none of us have read and are nearly always slightly different from what the law allows. Knowing what is legal is only half the battle as a CBA has provisions which go beyond that but which can be enforced through arbitration which you are already doing. I don't say this to be off putting but there really isn't anything we can do to help you here. You need to take your concerns to your union as you have done.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

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