California has some of the most employee-friendly laws in the country. These laws safeguard workers from unfair treatment, including retaliation and wrongful termination. Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. These could include reporting discrimination, harassment, unsafe working conditions, or wage violations.

Wrongful termination happens when an employee is fired for reasons that go against public policy or violate state or federal laws. Even though California is an “at-will” employment state, they cannot fire someone for illegal reasons. You can take legal action if you are a victim of retaliation or wrongful termination.

It involves filing a claim with the Civil Rights Department (CRD) or pursuing a civil lawsuit against your employer. The lawsuit allows you to recover compensation for your losses and inconveniences caused by the unlawful acts. If you are battling a lawsuit for wrongful termination or retaliation in San Diego, CA, you will need our expert legal insight at Empower Sexual Harassment Attorneys.

What is Retaliation?

You are a victim of retaliation if your employer punishes you for engaging in protected activity. Retaliation acts include demotion, discipline, salary reduction, job reassignment, or termination. The key element is the causal connection between your protected activity and the adverse employment action. Under California law, protected activities include:

  • Reporting workplace discrimination or harassment. You can report unfair treatment or harassment at work without fear of retaliation.
  • Filing a complaint about wage and hour violations. An employer cannot take adverse action against you for filing a complaint on wage violations.
  • Whistleblowing. This involves reporting safety or legal violations at the workplace.
  • Requesting reasonable accommodations for a disability or religious belief
  • Taking family or medical leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA)
  • Participating in an internal or external workplace investigation

Several state laws specifically prohibit retaliation in the workplace. They include:

California Fair Employment and Housing Act (FEHA)

FEHA prohibits retaliation against employees who engage in protected activities related to discrimination or harassment. Under FEHA, employers are prohibited from:

  • Retaliating against employees who oppose unlawful practices
  • Retaliating against employees who file a complaint or cooperate in a workplace investigation

California Labor Code Protections

Several sections of the California Labor Code prohibit specific forms of retaliation:

  • Section 1102.5. This statute protects whistleblowers who report suspected violations of laws or regulations. It prohibits employers from retaliating against employees who disclose information about unlawful conduct. It ensures that employees can speak up without fear.
  • Section 98.6. It is unlawful for employers to retaliate against workers who file wage claims. Section 98.6 ensures workers can report wage theft, unpaid overtime, or other pay issues without losing their job or facing discipline.
  • Section 6310. It protects employees who report workplace health and safety violations. It ensures that workers can speak out about unsafe conditions without facing discrimination or punishment from their employer.
  • Section 132a. This section protects workers injured on the job who file for workers’ compensation. Employers cannot retaliate against these employees for exercising their right to benefits.

Proving Retaliation

To prove retaliation under California law, you must establish:

  • Participating in a “Protected Activity”

You must prove that you were involved in protected activity under the law. It may entail reporting discrimination, harassment, wage violations, or unsafe working environments. It may also include lodging a harassment complaint, becoming part of an internal investigation, or refusing to act illegally. Even informal complaints or verbal objections may count as protected activity.

  • Negative Employment Action

You must have experienced some type of adverse action by an employer. Adverse action is not limited to termination. These may be demotions, pay cuts, cut hours, or denial of promotion. Examples include negative performance reviews, disciplinary write-ups, or being completely stripped of job responsibilities. Anything that might dissuade a reasonable worker from coming forward can be deemed adverse.

  • Causal Connection Between the Protected Activity and the Adverse Action

You must link the protected activity and the employer’s response. You must show that the adverse action happened because of their protected activity. Timing, patterns, or manager comments can help prove this connection. Direct evidence is not required, and you can present circumstantial evidence.

If you establish a prima facie case, the burden shifts to the employer to explain. The employer must give a legitimate, non-retaliatory reason for their action. Then, you can argue that the employer’s explanation is false or just a pretext for retaliation. Evidence you can present when proving retaliation includes:

  • Temporal proximity. You can use this if adverse action happens after the protected activity.
  • Pattern of behavior. It could include sudden write-ups or harsh treatment following the complaint.
  • Witness testimony or documentation. You can present emails, texts, reviews, or statements showing retaliatory intent.
  • Comparisons with similarly situated employees treated differently. You can also compare your situation to other employees who were not engaged in protected activities and treated more favorably.

Understanding Wrongful Termination

Wrongful termination happens when an employee faces termination for an illegal reason. These reasons usually violate public policy, an employment contract, or a specific law. California follows the “at-will” employment rule. That means employers can generally fire employees at any time, for any reason, or even for no reason. They do not need to give a warning or explanation.

However, there are important exceptions. Some terminations are unlawful under the law, even in an at-will state. These exceptions protect employees from unfair or unlawful treatment. If an employer breaks one of these rules when firing someone, the termination is considered wrongful. Common grounds for wrongful termination in California include:

Termination in Violation of Public Policy

This type of wrongful termination occurs when an employee is fired for a reason that goes against critical public policies. The law protects employees when their actions support the public interest. They include:

  • Reporting unlawful activity. Employees cannot face termination for reporting illegal conduct by their employer or coworkers. These acts include things like fraud, harassment, or safety violations.
  • Refusing to engage in illegal acts. If an employer asks an employee to do something prohibited, the employee has the right to decline. Firing someone for that refusal is considered wrongful.
  • Exercising legal rights. An employer cannot fire an employee for doing things the law allows. Legal rights include serving on a jury, filing a workers’ compensation claim, or taking legally protected breaks.
  • Discrimination or retaliation in violation of FEHA. FEHA prohibits employers from firing someone due to protected characteristics. These characteristics include race, gender, religion, disability, or sexual orientation. FEHA also protects employees from termination in retaliation for reporting discrimination or harassment.

Breach of Employment Contract

Sometimes an employee is not truly “at-will” because of a contract. The contract is sometimes written, spoken, or implied through employer policies or behavior. If you have an agreement that limits when or how you can face termination, the employer must follow that agreement. Firing you in a way that violates the contract is wrongful.

For example, if a contract states that you can only face termination for good cause, and the employer fires you without cause, the termination is illegal. Even an unwritten promise of job security can sometimes count as a contract under California law.

Termination in Violation of Specific Laws

Some laws protect employees from termination for specific actions, regardless of contract. They include:

  • FEHA. The Fair Employment and Housing Act protects employees from termination due to race, gender, age, disability, or other protected traits.
  • Labor Code. California’s labor laws make it illegal to fire employees for reporting wage theft or unsafe working conditions.
  • FMLA/CFRA. Under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), employees can take medical or family leave. Firing someone for taking approved leave under these laws is wrongful.

Role of Employers in Preventing Retaliation and Wrongful Termination

Employers are an integral part of curtailing retaliation and wrongful termination. They are responsible for avoiding a discriminatory workplace and not breaking the law. These measures minimize legal risks and enhance trust with employees:

Implement and Enforce Clear Anti-retaliation Policies

Employers must have written policies prohibiting retaliation against those employees who report concerns or participate in investigations. All employees should have easy access to these policies and be aware of them.

Train Managers and HR on Employee Rights

Proper training ensures that supervisors and HR personnel understand employee protections. Training should cover handling complaints, protecting whistleblowers, and avoiding retaliatory actions. Regular sessions help reinforce expectations and prevent costly mistakes.

Document all performance issues.

Employers must ensure the recording of all performance issues in real time. Vague or delayed documentation can appear suspicious during legal review. Objective records help show the connection between disciplinary action and poor conduct or performance.

Ensure Consistency in Disciplinary Actions

Consistent treatment of employees helps demonstrate fairness. If one employee faces harsher punishment than others for similar behavior, it can lead to unfair treatment or retaliation claims. Applying policies evenly helps prevent liability in a retaliation lawsuit.

Conduct Internal Investigations Thoroughly

Employers should investigate complaints of retaliation or wrongful termination in an unbiased manner. They should collect all relevant facts and interview those involved. They should also be evidence-based in their decision-making. A fair investigation process will identify the problems early and demonstrate a commitment to legal practices.

Filing a Retaliation or Wrongful Termination Claim in California

Losing your job is stressful. It can feel even worse if you believe it happened unfairly. In California, it is illegal for an employer to fire someone for retaliation or any other unlawful reason. Two common types of claims are retaliation and wrongful termination. The steps involved in filing a claim include:

Understand What Counts as Retaliation or Wrongful Termination

Wrongful termination happens when an employee is fired for reasons that break the law or violate public policy. Some examples include:

  • Firing based on race, gender, age, or religion. These are protected characteristics, and a termination based on them is unlawful.
  • Firing someone who refused to do something illegal. Employees in California are protected from employers who force them to engage in unlawful activities.
  • Letting someone go for taking family or medical leave. Under California and federal law, you are entitled to a certain number of hours for family or medical leave. An employer violates these laws when they terminate you for exercising the right.

Conversely, retaliation happens when your employer punishes you for standing up for your rights. Adverse measures taken against you under the following circumstances will suffice as retaliation:

  • Reporting harassment or discrimination
  • Filing a wage complaint
  • Participating in an investigation

If you believe your firing was connected to these activities, you may have a valid claim against your employer.

Gather Evidence

When filing a claim for wrongful termination or retaliation, you must present evidence of the actions taken against you. You should write down what happened, including dates, names, and details. Save any texts, emails, write-ups, or letters from your employer. Witness testimony can also strengthen your case. Therefore, if other employees witnessed the employer’s retaliation, you can request them to provide testimony.

Internal Reporting

You should make an internal report before you file a claim for retaliation or wrongful termination. It involves notifying a supervisor, HR, or a designated compliance channel about illegal or unethical conduct. This report creates a documented record, crucial evidence in a retaliation claim. It demonstrates that the employee followed proper procedures before taking legal action.

If the employer takes adverse action after the internal report, it may support your case. Courts often view internal reporting as a reasonable and protected activity under employment laws.

File a Complaint with the Right Agency

In California, you must file a complaint with the relevant departments before you can sue.

  • If your claim concerns discrimination or retaliation, you should file with the California Civil Rights Department (CRD).
  • You can file with the Equal Employment Opportunity Commission (EEOC) if your issue is under federal law.
  • You can file a claim with the California Labor Commissioner’s Office for specific wage-related retaliation claims.

After you file your claim, the agency will review your complaint. They may contact your employer. Both sides may need to provide more information. In some cases, the agency may offer mediation, which is a chance to settle the dispute outside of court. If the agency finds enough evidence, it may act on your behalf. Alternatively, they will issue a right-to-sue letter allowing you to file a lawsuit.

Follow the Filing Deadlines

There are limits to filing a claim for retaliation and wrongful termination. Therefore, you should not wait too long.

  • For CRD, you should file within three years of the incident.
  • For EEOC, you must file within 300 days if California law also covers your claim.
  • For the labor commissioner, you have up to one year from the retaliation incident to file the claim.

You may lose your right to file if you miss the deadlines.

Consider Filing a Lawsuit

Armed with the right to sue, you can move forward with a lawsuit. You must file the lawsuit in California within one year of receiving the right-to-sue letter. Filing a lawsuit involves several legal steps. First, you or your attorney will draft a formal complaint.

This legal document outlines the facts of your case and the laws your employer violated. You must file the complaint with the appropriate court and then serve it on your former employer. An employer has up to 30 days to respond to the notice of a lawsuit. The case then moves into a phase called discovery. During discovery, both sides exchange information and documents and take depositions.

During this time, either side may try to dismiss the case or reach a settlement. If you fail to enter an agreement, the case proceeds to trial. You may testify, present evidence, and call witnesses. Your employer may defend retaliation and wrongful termination claims by arguing:

  • Legitimate business reason for termination. An employer may claim that they fired you for valid, non-retaliatory reasons. These can include poor job performance, repeated violations of company policy, or misconduct.
  • Lack of causal connection between protected activity and adverse action. Employers may argue that there is no link between the employee’s protected activity and the other negative action. They might show that the adverse action was already in progress or based on unrelated conduct.
  • The employee failed to exhaust administrative remedies. Often, you must first file a complaint with an agency like the EEOC or state labor board before suing. If you skip this step, the employer can argue that the legal claim is invalid due to failure to follow proper procedures.
  • The employee voluntarily resigned. The employer may assert that you chose to resign and were not terminated. Voluntary resignation can eliminate the basis for a wrongful termination claim.

After reviewing all the evidence presented, a judge or jury will decide the outcome.

Compensation in a Retaliation or Wrongful Termination Lawsuit in California

If you win a retaliation or wrongful termination lawsuit in California, you are entitled to different types of compensation. They include:

Lost Wages (Back Pay)

Lost wages are the amount you lose because you were out of work. It includes pay you would have earned from the time you faced termination until the time of settlement or trial. It may also include lost overtime, bonuses, or commissions.

Front Pay

If it is not possible or realistic for you to return to your old job, the court may award front pay. It covers the income you would have earned without being wrongfully terminated. The payment for front pay will continue until you find similar work.

Lost Benefits

Losing a job often means losing benefits like health insurance, retirement plans, or paid time off. You can recover compensation for these lost benefits if you win your case. It may include the value of stock options or missed pension contributions.

Emotional Distress

Wrongful termination can cause emotional distress. You may feel anxiety, shame, depression, or loss of sleep. In California, you may receive compensation for emotional pain and suffering. You do not need to show physical injury. However, you must present evidence to support your emotional distress claim. The evidence may include medical records or therapist notes.

Punitive Damages

In cases where the employer acted with malice, fraud, or extreme misconduct, the court may award you punitive damages. These benefits do not compensate you directly. Instead, punish the employer and deter similar actions in the future. The court only awards punitive damages in severe cases.

Attorney’s Fees and Legal Costs

You need expert legal guidance to navigate your retaliation or wrongful lawsuit claim. Therefore, you will need to hire an attorney. If you win a California wrongful termination or retaliation case, the court may order your employer to pay for your attorney and other legal costs. It helps ensure you are not stuck with high bills after defending your rights.

Reinstatement

In some situations, the court might also require your employer to reinstate you to your job. It means coming back to the same place, or a close one. Reinstatement is much more prevalent in retaliation cases. However, this only occurs if the workplace is safe and not hostile. Where returning is undesirable or punitive, the court may order future pay.

Find a Skilled Sexual Harassment Attorney Near Me

Several protections exist for employees who assert their rights. However, retaliation and wrongful termination remain a concern in California. These instances arise when you receive unfair treatment for reporting harassment or participating in an investigation against your employer.

If you fall victim to these acts, you can file a claim with the EEOC or the California Civil Rights Department (CRD), formerly DFEH.

. These agencies will investigate your claim and offer mediation services. If you fail to reach an agreement, they can issue you a right to sue, which allows you to file a lawsuit against your employer. Due to the complexity of employment laws, the burden of proof lies with you.

In a successful lawsuit, you can recover compensation for back pay, front pay, and emotional distress, and undergo reinstatement. At Empower Sexual Harassment Attorneys, we offer expert legal insight for our clients facing wrongful termination or retaliation lawsuits in San Diego, CA. Call us at 619-604-3027 to discuss your case.