Legal Question in Employment Law in California
i had filed an anonymous complaint to the corporate office, then four days later i was discharged. coinsidence? or do i have a case?
3 Answers from Attorneys
To have a case, you would need to establish (1) the law protected you from retaliation as to the type of complaint that you made; (2) the corporate office figured out that you made this complaint; and (3) your employer discharged you because of that complaint. The timing here is most likely insufficient to prove your case -- especially if your employer can establish another reason for your discharge, or that the person who made the decision to discharge you did not know of the complaint that you had made.
Whether or not you have a possible claim for wrongful termination depends on what your anonymous complaint was about. As the prior response indicated, your complaint must be about protected activity, such as unlawful discrimination, harassment, or retaliation. If that is the case, and you can show that the people who made the decision to terminate you knew of the complaint and terminated you because of it, then you may have a case for wrongful termination.
Our website, www.sarnofflaw.com, has a Confidential Online Case Evaluation Form that contains some specific questions that will provide us with sufficient information to conduct an initial assessment of your situation. If you complete that questionnaire, we will review your responses and get back to you as soon as possible.
You might have a case if you fall within the legal definition of a protected whistle-blower. That means you reported actually illegal conduct like sex discrimination or harassment, statutory violations, serious safety issues, government contract fraud, etc., to the government agencies or prosecutors, or you threatened to do so, then were retaliatorily terminated for it.
If you believe you fit those definitions and can prove it through witnesses and documents, feel free to contact me to discuss the facts, and your rights and remedies.