How Long Does One Have to File a Whistleblower Retaliation Claim?

How Long Does One Have to File a Whistleblower Retaliation Claim?
Nov 29, 2018

Most people in California generally try to avoid breaking the law. The consequences if they are caught are generally bad enough that people do not want to risk it. This is true for companies as well. However, just like there are many individuals who break the law, there are also many companies who break the law. However, before people or companies can get in trouble for breaking the law, they first must be caught. So, someone needs to report the illegal acts to the appropriate authorities.

For individuals, it is generally people who happened to witness the crime. However, for companies, these witnesses are often times the employees of the company. As one could imagine, a company who is engaging in illegal activity may not like it that their employees reported their illegal behavior, which got them in trouble. The companies may retaliate against their employee in a variety of ways. However, this whistleblower retaliation is also illegal and the employee may be entitled to compensation.

In order to receive this compensation though, the employee must file a whistleblower retaliation claim against the company. These claims must be filed within certain time limits though. If the retaliation resulted in the employee being fired, a demotion, being transferred or other types of retaliation, the employee must file their claim within two years. However, if the complaint is filed with the California Department of Fair Employment and Housing it must be done within one year. If the report is filed with OSHA, it must be filed within six months.

There are many employees who experience retaliation from their employers in California. These employees may be entitled to compensation. The amount of the compensation depends on the circumstances, but they must file these actions within the proper time limits though otherwise they may lose their opportunity to receive the compensation they deserve. These are sometimes complicated matters though and consulting with an experienced attorney may be useful.

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