Retaliation and wrongful termination are significant concerns for workers in California. Employees often find themselves in difficult situations, where they fear losing their jobs for doing what is right. In California, however, the laws are in place to protect employees from being unfairly punished or fired for exercising their rights. Understanding these laws is essential for any worker facing retaliation or wrongful termination in the workplace. This guide will help explain what retaliation and wrongful termination are, how California laws protect employees, and what steps can be taken if someone is a victim of these unlawful practices. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What is Retaliation?
Retaliation happens when an employer punishes an employee for engaging in a protected activity. Protected activities include actions like filing a complaint about workplace discrimination, reporting unsafe working conditions, or refusing to participate in illegal activities. The punishment can come in many forms, such as being demoted, harassed, or even fired. Retaliation is illegal in California, and employees have the right to stand up for themselves without fear of being penalized.
For example, if an employee reports unsafe working conditions and their employer responds by cutting their hours or giving them a bad performance review, this could be considered retaliation. The law is clear that workers should not suffer any negative consequences for standing up for their rights.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired for illegal reasons. In California, most jobs are considered “at-will,” meaning an employer can let an employee go at any time, with or without cause. However, there are exceptions to this rule. An employer cannot fire an employee for reasons that are discriminatory or retaliatory, or for reasons that violate public policy.
If an employee is fired because of their race, gender, religion, age, or any other characteristic protected by law, this is wrongful termination. Similarly, if an employee is fired for reporting illegal activity, refusing to engage in illegal activity, or exercising their legal rights, this also qualifies as wrongful termination. In these cases, the employee may have legal grounds to challenge their dismissal.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
California’s Laws Against Retaliation
California has strong laws in place to protect employees from retaliation. One of the key laws is the California Fair Employment and Housing Act (FEHA). This law prohibits employers from retaliating against employees who report discrimination or harassment, participate in an investigation, or file a complaint. The law covers a wide range of actions, and employees are protected even if the complaint or report turns out to be unfounded, as long as the employee acted in good faith.
The California Labor Code also provides protections for employees who report unsafe working conditions or wage violations. Workers should feel safe reporting violations of their rights without worrying about losing their jobs or facing other forms of punishment.
Additionally, California’s Whistleblower Protection Act protects employees who report illegal activities by their employers. Under this law, employees cannot be retaliated against for providing information to a government agency or law enforcement about their employer’s illegal practices. Employers who retaliate against whistleblowers can face serious penalties, including being ordered to pay damages to the employee.
California’s Laws Against Wrongful Termination
Wrongful termination is also addressed under several California laws. The Fair Employment and Housing Act, mentioned earlier, protects employees from being fired for discriminatory reasons. If an employer fires someone based on their race, gender, sexual orientation, or another protected characteristic, this is considered wrongful termination.
The California Family Rights Act (CFRA) provides protection for employees who take family or medical leave. If an employee is fired or otherwise penalized for taking leave to care for a sick family member or to recover from their own illness, this may be grounds for a wrongful termination claim.
Furthermore, California law prohibits employers from firing employees for refusing to engage in illegal activities. If an employer asks an employee to break the law and the employee refuses, the employer cannot retaliate by firing them. This protection is vital in preventing wrongful termination in situations where the employer is engaging in unlawful behavior.
Related Videos
Choosing an Employment Law Attorney
Recovering Damages in an Employment Law Claim
What To Do If You Experience Retaliation or Wrongful Termination
If an employee believes they have been a victim of retaliation or wrongful termination, there are steps they can take to protect their rights. First, it is important to document everything. This includes keeping records of any complaints made, any negative actions taken by the employer, and any communications regarding the situation. Having a clear record of events can help strengthen a case.
Second, employees can file a complaint with the appropriate government agency. For retaliation related to discrimination or harassment, complaints can be filed with the California Department of Fair Employment and Housing (DFEH). For violations related to unsafe working conditions or wage issues, employees can file a complaint with the California Division of Labor Standards Enforcement (DLSE). In some cases, employees may also choose to file a lawsuit against their employer.
It is important for employees to act quickly if they believe they have been retaliated against or wrongfully terminated. There are deadlines for filing complaints, and waiting too long can result in losing the right to take action.
Dealing with retaliation and wrongful termination can be overwhelming for any employee. The process of filing a complaint, gathering evidence, and fighting for your rights can be complicated and stressful. This is where the experience of a law firm like The Myers Law Group, APC, can make a difference. They understand California’s employment laws and can guide employees through the process of protecting their rights.
Employees facing retaliation or wrongful termination should not hesitate to seek legal assistance. The laws are there to protect them, and The Myers Law Group, APC, can provide the support and representation needed to ensure those rights are upheld.
If you or someone you know has been a victim of retaliation or wrongful termination, The Myers Law Group, APC is here to help. With a deep understanding of California employment law, they can provide the legal support you need to fight for your rights. Don’t let fear of retaliation keep you from standing up for yourself. Contact The Myers Law Group, APC today for a consultation and take the first step towards justice.
