Some tips if you think you are about to be terminated:

  • Keep a journal or diary of events that seem relevant, unusual or in any way troublesome.
  • Watch for signs that you are being treated less favorably than your peers for no apparent or legitimate reason and keep notes of it.
  • Remember that if it is not in writing, it can be more difficult to prove, including verbal complaints. Consider putting your complaints or objections in writing. Consult with an attorney as to the best approach to written complaints.
  • Consult your employee handbook, which will set forth your employer’s policies.
  • Remain polite and respectful in communicating with your employer and co-workers. Do not do or say anything that would put you in a bad light if presented to a judge or jury.
  • You can request your personnel file. In California, employers must provide employees with a copy of their personnel records within 30 days of a written request. Employers must also provide a copy of payroll records within 21 days of a written or verbal request.
  • Remember that many valuable, capable employees are mistreated and/or terminated for illegal and unfair reasons. Your employer’s decision to terminate you may have nothing to do with your work product, worth or abilities.

Whistleblower Complaint

It can be downright scary to complain to your employer about practices that you believe are illegal. You may be wondering, how do I complain about practices at work that I think are illegal? Or how do I complain that I think my boss is doing something that is illegal?

Here are some thoughts:

Put your complaint in writing. While this may feel more nerve racking, it has many benefits. It allows you to control exactly how you word your complaint and what you include. It creates a clear record of exactly what issues that you raised, when you raised them and to whom. The written complaint has the added benefit that it cannot be denied later by the manager or the employer.

  • Keep your complaint factual, leaving emotion out of it. You want to objectively set forth your concern and how you are aware of it. You also do not need to explain yourself. Your complaint should be very matter of fact.
  • Avoid any personal attacks.
  • Confirm your loyalty as an employee. Soften your news of illegal conduct by confirming to the employer that you enjoy your job and are raising the issue to help protect the company.
  • Offer to be available to talk about your concerns.
What if I am wrong and the conduct is not actually illegal? That’s okay as long as you reasonably believed in good faith that the conduct is illegal. The law recognizes that employees may not know whether a practice is truly illegal. Under the law, so long as the employee has a reasonable belief that the conduct is illegal, the employer is prohibiting from retaliating. For example, if an employee complains about sexual harassment but the conduct did not rise to the level of sexual harassment under the law, it is a protected complaint if the employee reasonably believed that the conduct is illegal.

For more information and helpful tips that may apply to your unique situation, contact Abrolat Law pc.