Legal Question in Employment Law in California

Re: Fired

From your short description, it would seem that your employer violated Government Code Section 12940 for unlawful retaliation. What you would need to prove is that the demotions, changed duties, etc. were causally connected to your reporting the hostile work environment. You would need to show that the person(s) that were instrumental in demoting you or changing your hours, duties, etc. were fully aware of your interntal complaints regarding a hostile work environment. If these things (called adverse employment actions) occurred within a short period of time after you made reports, then it is presumed that there is a causal connection. The employer has the burden of showing that the adverse employment actions were legitimate. They will likely lie and claim poor performance or reductions in work force or other factors necessitated the adverse actions which had nothing to do with your complaints. The burden shifts back to you at that point to show that the employer's excuses are bogus. If you can show that, whether directly or with circumstantial evidence, you can prevail on a claim for retaliation. The California Supreme Court has made new rulings on employment retaliation in the past couple of years which are very favorable to employees. You can recover actual damages (lost earnings, medical expenses, etc.), emotional distress damages, punitive damages and attorney's fees. If you want more information or wish to pursue this claim, please contact our office.

Re: Fired

What you are describing may be construed as retaliation but we would need more details. You should seek the consult of an attorney to discuss your matter.

Feel Free to contact my office if you would like to discuss this matter.

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Re: Fired

Retaliation and taking adverse employment action against an employee for his reporting of potentially unlawful conduct is illegal and grounds for legal action.

If you would like to discuss this further, please contact me.

Thank you.