Legal Question in Employment Law in California

Hostile work environment

I identified a drug issue that we were having at work to my superior. Nothing was done so I contacted the police department where a team was informed to discuss the problem with the owner. After discussing the issue the police came to the decision that it would be easier if I would assist them in collecting the evidence. I became an informant for them, attempting to help my employer. At the end, the employer was going to fire all of them and offer drug rehab assistance money if they agreed. After a month of hard work from me and the police department, the main dealers were nabbed and arrested. All known employees were fired. Now 3 weeks later, I walked through the warehouse and found 3 of the users working in the facility. It created a very uneasy situation. I have already been called pig and cop. I have had multiple calls from the main dealers. They attend rehab 2 nites a week and then work here. I am going to have to testify in court. What is going to happen then, everyone will know. I don't even want to come to work now. I feel like I watched the employer's back and literally stuck my life on the line all to get slapped in the face with this. What do I do now?


Asked on 6/02/03, 6:03 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Hostile work environment

This is a difficult case because it may not fall into the statutory protection of the "whistle blower statute." However, if the conditions become so intolerable that a reasonable person in your position would quit (after you address your concerns with your employer and there is no resolution), then you may have a case for constructive termination. Call me directly at (619) 222-3504.

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Answered on 6/05/03, 12:40 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Hostile work environment

Thank you for your inquiry.

As Mr. Bravos mentioned, you may have a whistleblower case here -- given the facts of your situation. Certainly, if anyone within the company takes any negative action against you -- firing you, demoting you, placing you on probation, etc., you would have the right to claim wrongful termination. I am not sure I agree with your heading that this meets the requirement of a hostile work environment, although I'm sure it feels like one.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 6/05/03, 1:50 pm
Terry A. Nelson Nelson & Lawless

Re: Hostile work environment

There may be a whistleblower case, and there is also likely a violation of public policy if you are retaliated against or fired. That could include forcing you to work with the culprits, and being at risk. The company has obligations to maintain a safe workplace, free from threats and intimidation. Whistleblower cases are procedurally difficult, public policy claims are straightforward. Contact me if interested in discussing taking action.

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Answered on 6/06/03, 9:13 pm


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