Q: I am at risk of termination due to contacting a coworker and talking to an attorney is this legal?
I contacted a coworker during non work hours and asked if he would like to join in a lawsuit against our employer for labor law violations. I did not go through with the suit however my employer found out and now I am being told that the board of directors will decide if I can continue as an employee. I did not violate any company policy however I was told that I was not loyal nor did I have integrity. I am not allowed to participate in the board meeting as I normally would and I have let it be know that I dont think that its fair for this to happen to me because I didnt follow through with the lawsuit, and I didnt lie about it when confronted.
A:
The fact that your employer is considering disciplining you over your concerns about whether you are an exempt employee is very troubling. It sounds like retaliation in violation of public policy assuming there is a good faith basis for your concern. In addition, the normal situation is the employee raises it with the employer. Here, the employer learned of your concerns in another way, which may preclude application of the whistle blower statute Civil Code 1102.5.
You should consult with an employment attorney off line, so it is protected by the attorney client privilege.
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