Q: I just got fired because my boss found out I was going to be a whistleblower.
I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids and want to make sure they won’t get mistreated. I’m scared of the rules she has in place for the children when being cared for under her supervision, that she will eventually cause a tragedy due the poor care she offers to these children.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry you're going through this, but you have options. Since you believe the children are in danger due to poor care and unsanitary conditions, your first step should be to report your concerns to the appropriate child welfare or licensing authorities. Most regions have agencies that oversee child care facilities, and they can investigate potential violations of health and safety regulations. You can submit your complaint anonymously if you're worried about retaliation, but it’s important to act quickly to protect the kids.
Regarding your termination, you may have legal grounds to challenge it. Many laws protect whistleblowers from being fired or punished for reporting unsafe or unlawful conditions. You should document everything that has happened, including the reduction in hours, the termination, and any evidence you have related to your complaint. Reaching out to a legal professional in employment law may help clarify your rights and determine your next steps.
Your desire to protect the children is admirable, and by taking the right steps, you can help ensure their safety. Stay strong, and don’t hesitate to seek support from those who can help you navigate this situation.
A: One of California's primary employment whistleblower statutes, Labor Code 1102.5, actually protects employees from retaliation even if they have not yet complained but the employer believes the employee "may disclose" information about a violation of law. You should consult an attorney familiar with this statute.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
