Exploring How Litigation Delays Affect Whistleblower Rights and Protections
A powerful litigator and a talented legal mind, our employment law attorney Aaron Osten has been published in a variety of legal publications, magazines, and journals over the years, including the Los Angeles Daily Journal. Most recently, he published an important article in the Daily Journal on the litigation delays faced by victims of workplace retaliation and wrongful termination, particularly after filing a claim as a whistleblower.
Although whistleblowers do have clear protections under California and federal law, there is a core problem with the existing process: Namely, that plaintiffs typically have to wait years to see the resolution of their whistleblower claims. In the meantime, the plaintiff – who has already endured workplace retaliation and may not be able to earn income at all – has little hope of immediate economic relief.
As Osten notes in his article, Senate Bill 306 was passed to address this very issue, by allowing the courts to issue “injunctive relief” if the plaintiff can prove that there is “reasonable cause” in their case. Success with such a petition would mean that they would be able to return to work and earn income while they wait for their day in court.
However, Osten also notes that “Despite its enactment in 2018, the injunctive relief…appears to have been heavily unused by plaintiffs,” which is unfortunate to say the least. In most whistleblower cases, there could be many other plaintiffs who are discouraged from coming forward when the first whistleblower suffers employer retaliation. Osten concludes the article by stressing that the downsides to filing a petition for injunctive relief are “minimal,” especially when considering the delays caused by standard litigation and the current COVID-19 pandemic.
Setting the Bar High for Employment Law Cases
At Greene Broillet & Wheeler, LLP, we’re proud to be on the forefront of some of the most complex, high-profile employment law cases, defending plaintiffs who have been subject to the worst forms of employer retaliation. As one of our trial lawyers, Attorney Osten contributes a wealth of insight and legal skill to our team, as shown when he secured a $7 million verdict in the major sexual harassment and whistleblower lawsuit against Bikram Choudhury, a celebrity yoga instructor. He has also obtained many other multi-million-dollar verdicts in the areas of employment litigation, legal malpractice, and wrongful death, serving our clients with an unwavering commitment to justice.
If you need to speak with an attorney about a wrongful termination or whistleblower claim, we invite you to contact our firm at (866) 634-4525 today for a free consultation.