California takes illegal retaliation very seriously, and if you were fired for reporting misconduct, you may have a strong case for wrongful termination. It is illegal for an employer to take adverse action, such as firing, demoting, cutting pay, or assigning unfavorable hours, against an employee for reporting unlawful conduct.
If you are wondering what to do after being fired after reporting misconduct, speaking with a Los Angeles retaliation lawyer from Sparrow LLP may help.
The Legal Concept of Retaliation in California Law
In California, employment tends to be at-will, meaning an employer can fire an employee at any time, for any reason, barring illegal reasons. Firing an employee for engaging in the protected activity of reporting misconduct is always illegal.
If you were let go shortly after filing an internal complaint about misconduct related to race, disability, gender, sexual harassment, sexual orientation, or any other protected characteristic, you may have the right to a wrongful termination case.
Take Immediate Steps to Protect Your Rights
After getting fired, you are likely to be reeling from the shock. Even so, it is essential to remain calm and focus on protecting your rights.
Document and Save Everything
Document everything as soon as you can. Before your access is revoked, download and save all critical records outside the company network. These items can help provide evidence that your termination was a form of workplace retaliation, rather than being related to performance or other factors. This can include:
- Performance evaluations
- Original job offer
- Employment agreements
- Any written company policies
- HR complaints or communication over email
- Written responses following your initial misconduct report
- Any evidence of the misconduct you reported
Document everything that has just occurred with a detailed timeline of events. Be sure to recover details on dates, times, conversations, and the misconduct that you originally reported.
Avoid Signing Anything Immediately
If your employer offers you a severance package or other documents to sign, ask for time to review them. Severance agreements, in particular, almost always include a release of claims, meaning you waive your right to sue for wrongful termination or retaliation in exchange for the money.
Speak with a lawyer prior to signing any such document. And even if you already signed it, you may have recourse to say it was signed under pressure.
Request a Written Termination Letter
Request a formal, written explanation of your termination. Some employers may simply state employment was at-will or cite vague performance issues. However, receiving this in documentation may help your case. Your attorney can review the letter to determine if the cited reason is inconsistent with your past record.
Pursuing a Wrongful Termination Claim
If you believe you have a case for wrongful termination based on retaliation, get started as soon as you can to avoid issues with legal deadlines. Begin by filing a charge with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).
Once the administrative process is complete, the agency will typically issue a Right-to-Sue letter, legally permitting you to file in court. With the support of an experienced wrongful termination lawyer, you can then file a lawsuit seeking various forms of compensation.
If your wrongful termination case is successful, you may be entitled to recover compensation for back pay, estimated future lost earnings, and emotional distress. In some extreme cases, the court may choose to award punitive damages to punish the employer for its egregious conduct.