# San Bernardino Whistleblower Wrongful Termination Attorney > Whistleblower law firm for employees who complained employer acted illegally, violated the law and were wrongfully terminated Source: https://employmentattorneysanbernardino.com/san-bernardino-whistle-blower-lawyer/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving San Bernardino County, California. Phone: (909) 663-2100 (calling is the fastest way to reach the legal team) Office: 337 N Vineyard Ave, #400, Ontario, CA 91764 Contact form: https://employmentattorneysanbernardino.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- Could your reporting of protected activity have caused your termination of employment? Both direct and circumstantial evidence may be used to prove causation, Colarossi v. Cory, 97 Cal.App.4th 1142, 1152, 119 Cal.Rptr.2d 131 (2002). CACI 2430 only requires that the violation of public policy was a "motivating factor." An employer is liable for wrongful termination even if the termination was only partially motivated by an illegal reason, Balog v. LRJV, 204 Cal.App.3d 1295, 1309, 250 Cal.Rptr. 766 (1988). Only an experienced employee lawyer can tell you what works and what does not work when it come sto wrongful termination. Unfortunately, the term is a buzz word. Case law does not establish any hard and fast rules about how long can transpire between the protected activity and the adverse employment action. Obviously this is a fact based question. There could be a case in which a very angry manager admitted to somebody else that they were getting an employee back for protected activity occurring 18 months earlier, and the court would not be able to dismiss the case as a matter of law, due to timing, with evidence like that. California cases have allowed retaliation claims to go forward, based upon timing, when far longer periods of time have elapsed between the protected activity and the adverse employment action than is present in this case. In Colarossi, during May of 1997 Plaintiff participated in a sexual harassment investigation, Colarossi, 1147, 133. Plaintiff was fired in February of 1998, Id. at 1147, 134. The court held that based upon the totality of the evidence a reasonable trier of fact could conclude there was a retaliatory motivation and reversed summary judgment, Id. at 1155, 140. Akers v. County of San Diego, 95 Cal.App.4th 1441, 1453, 116 Cal.Rptr.2d 602, 611 (2002) involved an October of 1996 letter written by counsel complaining of gender and pregnancy discrimination to support retaliation occurring up until February of 1999, Id. at 1451, 609. Iwekaogwu v. City of L.A., 75 Cal.App.4th 803, 808-809, 814 Cal.Rptr.2d 505, 509, 514 (Review Denied 2000) dealt with an employee who complained of race discrimination August of 1991 and went to trial for retaliation through October 8, 1996. The court of appeals affirmed the verdict on this case involving retaliation years after the protected activity. In Flait v. N. Amer. Watch Co., 3 Cal.App.4th 467, 472, 4 Cal.Rptr.2d 522, 525, 526 (1992), Flait was terminated in January of 1988 and alleged it was retaliation for reporting sexual harassment last in August of 1987, but first in March of 1987. The court held "[p]retext may be inferred from the timing of the company's termination decision," Id. at 479, 530. California Health and Safety Code Section 1278.5(b) prohibits healthcare facilities from discriminating or retaliating against employees who present complaints or grievances about the care, services, or conditions of a healthcare facility. California Health and Safety Code Section 1278.5(d) creates a rebuttable presumption the employee has been discriminated against for so reporting if the discriminatory treatment occurs within 120 days of the reporting.31 U.S.C. 3729 (otherwise known as the Federal False Claims Act) and California Government Code Sections 12650-12651 (Otherwise known as the California State False Claims Act) prohibits all companies (including healthcare facilities) from making false claims for reimbursement such as to Medi-Cal or Medicare. False claims in the healthcare setting often involve submitting claims for services not rendered, or inflating the charges. California Government Code Section 12940(g) makes it discrimination under the Fair Employment and Housing Act to harass, discharge, or otherwise discriminate against a person because they have made a report under Section 11161.8 of the Penal Code that prohibits retaliation against hospital employees who report suspected patient abuse by health facilities or community care organizations. This means that employees in nursing homes, assisted living facilities, or adult day care facilities may not be mis-treated for reporting suspected patient abuse. ## **Healthcare Whistleblowers** Healthcare workers are also whistleblowers if they are fired for making a complaint about something that they believe would result in the loss of their license. Additionally, a healthcare worker who is retaliated against for refusing to perform a service that they are not licensed for is also a whistleblower. Have you been terminated from your job and felt you were wrongfully dismissed based on accusations of whistle blowing? We can help. We are your San Bernardino Employment Lawyers serving: Apple Valley, Chino, Chino Hills, Fontana, Hesperia, Highland, Montclair, Ontario, Ranchco Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Victorville. Contact us or call **(909) 663-2100** to speak to a San Bernardino whistle blower lawyer. ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving San Bernardino County We have proudly served all of San Bernardino County since 1993. Ready to discuss your case? (909) 663-2100 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://employmentattorneysanbernardino.com/age-discrimination-lawyer/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://employmentattorneysanbernardino.com/unpaid-wages-attorney-san-bernardino/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://employmentattorneysanbernardino.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://employmentattorneysanbernardino.com/wrongful-termination-lawyer-devore/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://employmentattorneysanbernardino.com/san-bernardino-family-leave-of-absence-attorney/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://employmentattorneysanbernardino.com/san-bernardino-whistle-blower-lawyer/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. 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He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://employmentattorneysanbernardino.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (909) 663-2100 Now](tel:9096632100)