Curran & Curran Law

A Boutique Employment Law Firm Representing San Diego

Wrongful termination checklist for California

On Behalf of | Dec 30, 2022 | Employment Law

If you’ve been fired from a job, you could have been wrongfully terminated for many reasons. One reason might be workplace retaliation. This is firing someone for participating in protected practices like reporting discrimination or safety violations within the company to outside enforcement agencies or participating in government investigations into potentially illegal behavior.

What is Retaliation?

Regarding employment law, retaliation means acting against an employee because they opposed unlawful employment practices, filed a charge, testified, or participated in an investigation or litigation regarding employment rights. It also includes actions taken against an employee because they complained about coworkers’ illegal behavior or reported it to management.

Wrongful Termination/Retaliation

Employees cannot be fired for revealing illegal behavior, such as discrimination or safety violations, within the company or to authorities, cooperating with investigators researching minimum wage violations, or cooperating with government inquiries into potentially illegal behavior.

This checklist will help you decide if your wrongful termination/retaliation claim is acceptable:

  • Was the potential violation brought to the attention of your supervisor, colleague, human resources, OSHA, or EEOC before you were fired?
  • Has your company or supervisor reacted negatively or punished you?
  • Did you study the company’s conduct or procedures before your termination?
  • Did your employer discourage you from participating in government inquiries?
  • Did they dissuade or discipline you for using lawful rights, like going on medical leave?

Now is the time to review these questions, so you know what to look for if you ever suspect your employer fired you in retaliation for a protected act.