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In Manuel v. Superior Court, Manuel's employment was terminated in retaliation for his job injury and his employer claimed he didn't return to work due to federal immigration questioning his eligibility. Court of Appeal granted his petition for a peremptory writ of mandate. ....
yes, thank you. yesterday your personnel attorney rita suggested information that would call into question credibility and she did not provide any evidence, ms. bennett s attorney that might raise the level of post employment retaliation, what do you make of that and why do you think it s appropriate for your attorney to make those remarks without providing significant evidence to back up the claim? yeah, you know, i don t want to get into albany politics which is what has been going on for the past few months. this is about a storm briefing to save lives of new yorkers. but you re the journal, if you think justice is to accept a complaint from a person without investigation and without credibility determinations and without looking at past actions ....
Question charlotte bennett s credibility, she did not specify what that was or provide evidence. ms. bennett s attorney said that might raise the level of post employment retaliation, what do you make of that and why is it appropriate for your attorney to make those remarks without evidence to back up the claim? i don t want to get into albany politics, which is what has been going on for the past few months. this is about a storm briefing to save lives of new yorkers. but you re the law journal. if you think justice is to accept a complaint from a person without investigation and without credibility determinations and without looking at past actions of that person, then you don t know what the justice system is. ....
Whistle blow and reveal government fraud, or illegal spending or something like that. so two things. what type of job, or security protection does the individual have if they were to publicly come forward. and then secondly, what are the ramifications on the executive branch in general, or possibly the president, if it were to be revealed that a conversation was had in which there was a tit for tat, quid proquo, you investigate this and we ll give you the money? two ways of looking a at this. first, if federal law protects someone s job and protects them from employment retaliation for reporting, the practical effect is this is such a high profile situation, that this individual, whoever it may be, may find that even though their job could be preserved, that the fact that everybody knows who it is, may make them radio active for future government employment. so that is a challenge and that s why many observers have suggested that the mere fact of doing this as a kind of kamikaze ....