Legal Question in Employment Law in California
I live in California. I was terminated 14 days after I reported a corporate trainer for making a discriminating comment. They told me I was being fired for a performance issue although I had nothing but good performance evaluations through out my employment there. I suspect the company terminated me in retaliation.Do I have a wrongful termination case?
3 Answers from Attorneys
Any case is only as strong as the evidence to support its claims. It is unlawful to terminate an employee in retaliation for complaining about discriminatory comments made by another employee. If it can be shown that the employer's stated reason for your termination is a pretext to cover for its retaliatory motive, you certainly do have a case.
You should consult with an experienced employment law attorney in your area to evaluate the facts and discuss your legal options, as soon as possible. Good luck.
The law protects you from illegal retaliation. IF you could prove what you say, through credible evidence, other than your word versus theirs, you may have the beginnings of a case. The burden is on you to prove that 'illegal' conduct occurred, that you reported it, and that you wouldn't have been terminated 'but for' the complaint. If you think you can do so, and if you're serious about pursuing this, feel free to contact me. I've been doing these cases for over 20 years.
Hello.
It's quite possible that your termination was unlawful and retaliatory. I would need to know more facts about the circumstances of your employment, your performance, and the available evidence to support your suspicions that in fact your termination was in fact motivated by your engaging in a protected activity. Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
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