Can I be fired for being a witness for my friend in an unemployment hearing? I need help immediatly!

I got my friend a job with me and Wendy's and she worked there for about 6 months and all of a sudden they had a problem with her. They said she needed to work on her performance and she did. The manager said she was doing so much better. Then one week they scheduled her for 0 hours and they said call next week to see your schedule. She called and again she had no hours. For 4 weeks her name was on they schedule with 0 hours. The 5th week came around and her name was removed. I called her and asked if they fired her and she said no. She finally got unemployment from them and now they are telling the courts that they told all the crew members to call and let them know that they wanted hours, which is not true. I am the only witness that she can provide and the courts said she would lose unless she had a witness or paperwork to prove she is write. Can i be a wirness without being fires? The hearing is tommorrow at 3! I need help.

2 answers  |  asked May 20, 2010 5:22 PM [EST]  |  applies to Georgia

Answers (2)

Ryan Nalley

First, you apparently in Georgia

Second The Illinois Whistle Blower Act, according to a plain reading of the statute, only protects you if you are testifying about the violation of law.
Specifically it states:
(740 ILCS 174/15)
Sec. 15. Retaliation for certain disclosures prohibited.
(a) An employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation.
(Source: P.A. 95‑128, eff. 1‑1‑08.)

What you are testifying to does not appear to be about a violation of a State or Federal law or regulation--hence you are not really "blowing the whistle" (Even if you disclosed your employer's perjury, you still wouldn't be covered by the Act IMO).

And it is moot anyway, as you are in Georgia.

I'm not saying you shouldn't stand up and tell the truth for your friend, but I must correct the misinformation I gave you.

Maybe Georgia has a law that protects you, and maybe Illinois has one too, but I have no knowledge of them. Thus, please disregard my prior answer.

posted by Ryan Nalley  |  May 21, 2010 04:00 AM [EST]
Ryan Nalley
No, you may not be legally be fired for testifying at any administrative or judicial hearing against your employer. It is a blatant violation of the Illinois Whistle Blower Act.

If you are call a lawyer immediately.

posted by Ryan Nalley  |  May 20, 2010 8:39 PM [EST]

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