Can You Be Fired After Reporting Workplace Harassment in Los Angeles, CA? Understanding Retaliation Claims
California law prohibits employers from retaliating against employees who report workplace harassment. If you were fired, demoted, or otherwise penalized shortly after filing a harassment complaint in Los Angeles, you may have a retaliation claim under FEHA or the California Labor Code. Speaking with a Los Angeles employment lawyer is the most effective way to evaluate whether your termination was retaliatory. For answers to common questions, visit our employment law FAQ page.
Is Firing an Employee After They Report Harassment Illegal in California?
California's Fair Employment and Housing Act (FEHA) is one of the strongest anti-retaliation statutes in the country. It prohibits employers from taking any adverse action against an employee because that employee reported harassment, discrimination, or any other violation of the law. Adverse actions include termination, demotion, reduction in hours, pay cuts, forced transfer, or any other material change in employment conditions that a reasonable person would find harmful.
California Labor Code Section 1102.5 adds additional whistleblower protections for employees who report violations to a government or law enforcement agency, or who refuse to participate in illegal activity. These two bodies of law together create overlapping protection for Los Angeles employees who speak up about workplace misconduct.
What Does a Retaliation Claim Require in California?
To support a retaliation claim, three elements generally need to be present. First, you must have engaged in a protected activity - filing a harassment complaint, reporting a wage violation, or participating in an investigation qualifies. Second, your employer must have taken an adverse action against you. Third, there must be a causal connection between the protected activity and the adverse action, most commonly shown by close timing or statements from supervisors.
Attorney Hosseini's background representing both employees and employers in employment disputes gives Opal Law Group insight into how employers attempt to justify retaliatory actions - and how to counter those justifications. Learn more about her background and approach.
What Steps Should You Take If You Believe You Were Retaliated Against in Los Angeles?
Preserve all written communications from around the time of your complaint and the adverse action, including emails, text messages, performance reviews, and any notes from conversations. Identify any witnesses who observed the adverse treatment or heard supervisors make relevant comments. Request a copy of your personnel file if your employer has one, as you are entitled to it under California law.
Retaliation claims have filing deadlines - generally three years from the date of the retaliatory act for FEHA claims. Do not wait to explore your options. Schedule a free case evaluation with Opal Law Group to discuss your situation confidentially.
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