California Wrongful Termination and Retaliation Lawyers

Wrongful termination due to retaliation occurs when an employer terminates an employee as a punishment for engaging in legally protected activities. This type of retaliation violates federal and California employment laws, including but not limited to the Fair Employment and Housing Act (FEHA) and Labor Code section 1102.5. Retaliatory termination can happen in response to whistleblowing, filing complaints about workplace discrimination, reporting wage violations, or participating in workplace investigations.

Wrongful Termination Retaliation Comes in Many Forms

In California, employees are protected from wrongful termination due to retaliation by various state and federal laws. These protections are designed to encourage employees to exercise their legal rights without fear of adverse consequences from their employers.

Common Examples of Wrongful Termination Due to Retaliation are:

• Firing after reporting discrimination or harassment – If you report workplace discrimination or sexual harassment and are subsequently dismissed, this could be unlawful retaliation.
• Termination following a whistleblower complaint – Employees who expose fraud, safety violations, or illegal conduct are protected under whistleblower laws.
• Dismissal after requesting legal workplace accommodations – If you request reasonable accommodations for a disability or family leave and are subsequently terminated, it may be retaliatory.
• Firing after opposing unlawful activities – Employees who refuse to engage in or cover up illegal activities cannot be fired for their ethical stance.

Legal Protections Against Wrongful Termination Retaliation

Employees in California and across the U.S. are protected from retaliation under multiple laws, including:

• FEHA – Protects employees who report discrimination or harassment from being fired for engaging in such protected activity.
• California Labor Code 1102.5 – Prohibits employer retaliation against whistleblowers.
• Family and Medical Leave Act (FMLA) – Protects employees who take legally permitted leave from retaliation.
• Occupational Safety and Health Act (OSHA) – Shields workers from retaliation for reporting unsafe working conditions.

What to do if you experienced Wrongful Termination Retaliation

If you suspect wrongful termination due to retaliation, take the following steps:

• Document Everything – Maintain a record of all relevant communications, complaints, and any retaliatory actions.
• Request a Written Reason for Termination – Employers may provide inconsistent explanations, which can help prove retaliation.
• Gather Evidence – Collect emails, performance evaluations, witness testimonies, and any other proof supporting your claim.
• Consult a Wrongful Termination Attorney – An employment lawyer can assess your case and guide you through legal actions.
• File a Complaint – Depending on your case, you may need to file with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).

Proving Wrongful Termination Retaliation

To win a wrongful termination due to retaliation case, you must establish:

1. Engagement in a Protected Activity – Show that you participated in legally protected actions such as whistleblowing or filing complaints.
2. Employer Retaliation – Prove that your employer took adverse action against you, such as firing, demotion, or exclusion from opportunities.
3. Causal Connection – Demonstrate that the termination was directly linked to your protected activity.

Compensation for Wrongful Termination Retaliation

If successful, a wrongful termination lawsuit may result in compensation such as:

• Lost Wages and Benefits – Reimbursement for past and future earnings lost due to termination.
• Emotional Distress Damages – Compensation for the psychological impact of being unlawfully fired.
• Punitive Damages – Additional monetary penalties against employers for egregious conduct.
• Legal Fees and Court Costs – Coverage of attorney expenses and other legal fees.

Wrongful Termination Attorneys

A wrongful termination lawyer can help you:

• Navigate complex employment laws – Understanding legal protections and statutes can be challenging without legal expertise.
• Gather and present evidence effectively – Attorneys know how to structure a case for maximum impact.
• Negotiate settlements or take the case to court – Many cases are settled before trial, but if needed, a lawyer can fight for your rights in court.

If you believe you were wrongfully terminated due to retaliation, do not wait. California’s strong legal framework provides significant protections for employees against wrongful termination due to retaliation, ensuring they can exercise their rights without fear of unjust consequences.