1/01/2012

Occasionally doing the honest thing isn't easy, but it is still the right thing

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By Krisie Clements


What do you do when you believe the company or organisation that you sweat for is acting unscrupulously or in a few cases illegally? This is probably not a question that many of us face in our working lives but for a few individuals this is frequently a reality, not to mention a huge dilemma. If they are not saying anything, then they become consciously part of the problem. On the other hand, if they do say something then there's a rather good probability that they may be fired. This is what can happen to whistle blowers and this is when a very talented team of work attorneys can be useful.

At first the term 'whistle blower ' associted in whistleblowing stems from a referee or a detective who blew a whistle to point out an illegal activity or in the case of the referee, foul play. They're perceived in alternative ways. In some examples they are seen as selfless people who are simply standing up for what is right and what is wrong; whereas by others they're seen as 'tattle tales ' who are just interested in personal celebrity and glory. Whatever camp you fall into, whistle blowers are categorized as a protective class.

Under US law, protective categories are classes of people that it is deemed illegal to be prejudiced against. Protective categories can also include race, sex, faith, sexual proclivity, incapacity and age, and so if an individual is fired from a job due to their whistle blowing activities then a team of work lawyers can help.

In the state of California the California Fake Claims Act has been brought in to protect any whistle blower from reprisals from their employers, and thus any employer who transgresses this is breaking the law.

This act suggests that employers cannot invent any governing which impedes their workers from giving information about the company's wrongdoings to a higher authority (often a government or law enforcement agency). On top of this an employer may not demote, postpone, threaten, annoy or fire any employee which has done so.




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