California
September 28, 2009
Whistleblower: A whistleblower is a person who alleges concealed misconduct on the part of an organization or body of people, usually from within that same organization. This misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption. Whistleblowers may make their allegations internally (for example, to other people within the accused organization) or externally (to law enforcement agencies, to the media or to groups concerned with the issues). Whistleblowers frequently face reprisal - sometimes at the hands of the organization or group which they have accused, sometimes from related organizations, and sometimes under law.
Peralta Community College District
Peralta Community College District trustees will decide tonight whether to fire an employee it says gave the media public information that embarrassed Chancellor Elihu Harris. District administrators have recommended the board fire Jennifer Lenahan, an executive assistant to Vice Chancellor Tom Smith. The action comes after a California Newspaper published four articles July 12, 2009 noting several questionable decisions by Harris and other Peralta leaders, including a no-bid contract awarded to Mark Lindquist, Harris' longtime business partner. The district claims that Lenahan — in response to a request under the California Public Records Act — provided the newspaper a document listing all payments from Peralta to Lindquist's company, 1701 Associates.
The newspaper claims it received no such document from Lenahan or any other source. In addition, public-records experts said Lenahan would have been within her rights as a public employee if she had provided the information. Lenahan did compile a list of payments to Lindquist, but she was ordered not to give it to the newspaper, according to a document that notified Lenahan of the district's intent to fire her. She showed the record of payments to Peralta spokesman Jeff Heyman and asked whether the newspaper should receive it. "Can you believe that we paid him that much?" Lenahan, according to district documents, asked Heyman about the $940,000 no-bid contract awarded to Lindquist. "We don't create documents for" reporters, Heyman answered. "He did not ask for that. We only give him what he asks for."
California law requires public agencies to help people find specific information, often by providing a list of relevant documents, records experts said. In their notice to Lenahan, Peralta administrators called the Lindquist payments "sensitive and confidential" and said they should not have been disclosed. "Your decision to manufacture a document that would reflect negatively on the chancellor and the district is not acceptable," the district wrote.
Lenahan also was accused of several other malfeasances, including telling co-workers, "Everybody hired at this district has something to do with the chancellor." Two of the district's highest-paid administrators, general counsel Thuy Thi Nguyen and special assistant Alton Jelks, have long ties to Harris, a former Oakland mayor and state legislator.
Notable whistleblowers include:
• Jeffrey Wigand, who exposed the Big Tobacco scandal, revealing that executives of the companies knew that cigarettes were addictive and approved the addition of carcinogenic ingredients to the cigarettes. Wigand's story was the basis for the 1999 movie The Insider.
• Robert MacLean, who disclosed that the FAMS planned to remove air marshals from long haul flights in order to avoid the cost of an overnight hotel stay.
• Dr. David Graham, who discovered that the pain-reliever Vioxx increased the risk of cardiovascular problems, spoke out against the policies of the Food and Drug Administration, and succeeded in convincing the FDA to require large warning labels on Vioxx packaging.
• Rick S. Piltz, who worked with the U.S. Climate Change Science Program and blew the whistle on Philip Cooney, a White House official who edited a climate change report to reflect the administration's views without having any scientific background.
• Dr. Frederic Whitehurst, who exposed irregularities at the USA's Federal Bureau of Investigation's Crime Lab.
• Paul van Buitenen, who exposed irregularities in the European Commission.
Occupational Safety and Health Act
The Occupational Safety and Health Act is designed to regulate employment conditions relating to occupational safety and health and to achieve safer and more healthful workplaces throughout the nation. The Act provides for a wide range of substantive and procedural rights for employees and representatives of employees. The Act also recognizes that effective implementation and achievement of its goals depend in large measure upon the active and orderly participation of employees, individually and through their representatives, at every level of safety and health activity.
To help ensure that employees are, in fact, free to participate in safety and health activities, Section 11(c) of the Act prohibits any person from discharging or in any manner retaliating against any employee because the employee has exercised rights under the Act.
OSHA also administers the whistleblowing provisions of sixteen other statutes, protecting employees who report violations of various trucking, airline, nuclear power, pipeline, environmental, rail, consumer product and securities laws.
A person filing a complaint of discrimination or retaliation will be required to show that he or she engaged in protected activity, the employer knew about that activity, the employer subjected him or her to an adverse employment action, and the protected activity contributed to the adverse action. Adverse employment action is generally defined as a material change in the terms or conditions of employment. Depending upon the circumstances of the case, "discrimination" can include:
• Firing or laying off
• Blacklisting
• Demoting
• Denying overtime or promotion
• Disciplining
• Denial of benefits
• Failure to hire or rehire
• Intimidation
• Reassignment affecting prospects for promotion
• Reducing pay or hours
INTERNET Employment Resources
The following are job and career sites on the Internet that you may find useful in your employment search. These are sites that we feel provide helpful information for job seekers and career advice for professionals.
(Click on the links below - Last updated 6-7-09)
• 4Jobs (Job Search - Post & Search Resumes)
• Alameda County Transit (AC Transit)(New!)
• Alameda County (California) Employment
• Association of Bay Area Governments - Jobs
• BaJobs (California - BayArea Job Site)
• BayArea Careers - (California (Bay Area))
• Bay Area Rapid Transit (B.A.R.T.)
• Best Jobs USA (Employment - All 50 States)
• Bio-Technology & Medical Positions
• Boeing Company (Aerospace, Chemical, Civil, Electrical, Manufacturing, Mechanical, Software, Systems engineering, or Computer Science)
• Burger King(New!)
• California Apprenticeship Program Information
• California Employment Development Department
• California Jobs ("Caljobs")
• California State Personnel Board
• Career.com (Job Search - Post & Search Resumes)
• Careerbabe (2005 Career & Resume Guide)
• Careerboard (Employment - Dallas, Ohio, Michigan, Kentucky, PA)
• Career Builder (Job Search - Post & Search Resumes)
• Career Magazine (Career Job Searching & Online Resume Posting)
• Career Mosiac (Online Job Searching & College Recruiting)
• Career Overview (Career and Job Search Resources Guide)
• Career Path (Career tests, Career advice & Resources)
• Career Services @ Virginia Tech (Resume formats and samples)
• Career Resource Center (Links to all states)
• Central Valley Jobs (Job listings for California's Northern San Joaquin Valley)
• College Graduate Employment Network
• Cool Works® (Seasonal job or career in nature environments)
• Dice (Hi-Tech employment)
• East Bay Works Career Site (California)
• Ed Join (California County Superintendents Educ. Svcs. Assoc. - Educ. Jobs.)
• Employment911 (Job search & Resume site)
• Employment.com (National Job Searching)
• Employment Guide (The online version of the Newspaper)
• Employment Security Commission of North Carolina (Employer Websites)
• Employment Security Commission of North Carolina (Jobs, U.I.B. Claims)
• Employment Spot (Jobs, Resume Posting & Employment Information)
• Employment Wizard (For resources and information on Employment)
• Federal Bureau of Investigations (F.B.I. - Employment Site)
• Federal Jobs (Official USA site)
• FedEx
• Google Jobs(New!)
• Intuit (Software Development)(New!)
• Job Assistance (Employment Assistance for the Disabled)
• Job Central (National Labor Exchange - All 50 States)
• Job Hunt (Private Industry Council (PIC) of San Luis Obispo County)
• Job Salary Information
• Law Careers (Employment in the Legal Profession)
• Marriot Hotels (Warning-->>>Click here)(New!)
• McDonald's (Management Opportunities)(New!)
• msn.Careers.com (Microsoft w/careerbuilders.com)
• Oregon Employment Department (The Oregon Employment Department)
• Rite-Aid
• Starbucks (Download Application)(New!)
• Student Jobs (Jobs for students with the United States Government)
• Sun Micro-Systems (Tech. Employment)
• Transportation Security Administration (Airports, etc.)
• True Careers (Job Search & Career Advice)
• United Parcel Service (On-line Application Center)
• Union Employment Positions (Organized Labor)
• United States Office of Personnel Management (Federal - Official USA Site)
• United States Postal Service Jobs
• Virginia Employment Commission (Employment in Virginia)
• Walgreens(New!)
• Wal-Mart Stores, Inc. (On-line Hiring Center)
• Yahoo! Careers(New!)
More Sites will be added! Stay Tuned.
• Related Video Links (Click on the links below)
• How to Apply for a Job. - #1
• How to Find a Job Online. - #2
• How to make a Job Search Plan. - #3
• How to Network for a Job. - #4
• How to Optimize a Resume. - #5
• How to Promote Experiences in a Job Interview - #6
• How to get a Job on a Cruise Ship
• Related Employment Information Links (Click on the links below)
• 411 (Information)
• Avoiding Common Resume Mistakes
• Cal Jobs - Website
• DisabilityInfo (Info. for disabled employees or applicants)
• Federal Citizen Information Center (Employment Information)
• How to Get a Job with a Criminal Record
• Occupational Employment Statistics (OES)
• Practice Your Typing Skills
• Resume formats and samples
• United States Equal Employment Opportunity Commission (Job Discrimination Complaints)
• Related Informational Blog Links (Click on the links below)
1. Landlord-Tenant Law Information
2. Corrupt Officials Employed in the Justice System
3. Information on Initiating or Defending Against Lawsuits
4. Information on Real Estate Law (Foreclosures)
5. Information on filing claims against the Police
6. Information on Credit Repair & Bankruptcy Law
7. Re-Zoo-May (Home Page)
8. Family Law Info. (Marriage, Divorce, Child Support, etc.)
Posts
