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I am frequently contacted by persons who are astonished that they have lost their jobs for what they allege is retaliation for complaining about their supervisors, complaining about some company policy or complaining about their work conditions. What they have in common is that they all believe that their right to complain in general is somehow legally protected. That is certainly not the case for the most part, unless there is some type of law which provides this protection, usually known as a whistleblower law, or there is some legal protection for reporting waste or fraud to a government agency, like the IRS, or an oversight agency in the security industry. Those laws have very specific requirements, and still cannot protect an employee’s job, but they may provide, often many years down the road, a financial award for the reporting person. Workers may be protected if they discuss terms and conditions of employment with one another, but once again, a government agency, such as the National Labor Relations Board, would have to agree to accept their complaint, and the process involved would generally be lengthy and usually not altogether satisfying.
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When I checked my inbox this morning I found a very important email from an organization of immigration professionals which I belong to. In fact, this email is so crucial to my ability to practice immigration law that I forwarded it to all of my staff, saved it in our firm’s electronic address book, and printed it for inclusion in the binder that sits on my desk right by my telephone.
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