What if I was fired for reporting sexual harassment in California? You may be asking this question if you are an employee in California who has recently been terminated. Any time an employee has been terminated, they should speak with an experienced attorney to make sure that they didn’t experience a wrongful termination. If you were fired for reporting sexual harassment in the workplace, you could qualify for a wrongful termination claim and should contact an attorney.
What to Do
Employees are protected from retaliatory behavior from their employer or their supervisor if they report sexual harassment or any type of safety concern. The state of California has strict laws in place protecting employees against this kind of adverse action. Employees who believe they have experienced this should immediately contact an experienced attorney. It may be worth it to have an attorney review your situation and provide proper legal advice on how to move forward.
Signs of Employer Retaliation
If an employer or supervisor gets word that you have filed a sexual harassment claim against them, they may attempt to punish you with retaliatory behaviors. Some behaviors may be harder to spot than others. Some of the most common retaliatory behaviors that you should be aware of include:
- Termination. One of the most obvious forms of retaliatory behavior is termination. This termination could be immediate, or it could come a couple of weeks following the report of the incident. Regardless, employees are protected from this type of behavior and should engage an attorney for help.
- Transfer. Employees could be transferred to another group or department against their wishes or professional goals. This could happen in an attempt to distance the abuser from the accuser. However, this could qualify as a form of retaliatory behavior.
- Demotion. If an employee is demoted to a lower position, this could be retaliatory behavior, and the employer should be held accountable.
- Hostility. This can be a general sense of hostility in the workplace directed toward the accuser. This can be in the form of several minor actions that lead to an uncomfortable or challenging environment for the employee.
Recoverable Damages
Some damages that may be recoverable in a wrongful termination claim include:
- Lost wages.
- Lost benefits.
- Emotional distress.
- Attorney fees.
- Punitive damages.
FAQs
Q: What Constitutes a Wrongful Termination in California?
A: If you were terminated because of your race, color, sex, religion, origin, or any other protected characteristic, then you may qualify for a wrongful termination claim in California. It is illegal for an employer to terminate an employee because of discriminatory reasons. Other examples of wrongful termination can include being terminated for being a whistleblower, taking employee leave, or filing a workers’ compensation claim.
Employees in California are protected under law from being fired for these reasons, and they should contact an attorney for help.
Q: Do Employees in California Have the Right to Report Harassment?
A: Employees in California do have the right to report harassment they observe or experience in the workplace. Employees are protected from facing any retaliatory behavior from their employer regardless of the size of the company or the status of the employee.
If you are an employee who has experienced harassment in the workplace, you can report this harassment to your human resources officer, or you can file a complaint with the California Civil Rights Department. Employers can be held liable for any harassment that occurs in the workplace.
Q: Can an Employer Be Liable for a Manager Sexually Harassing an Employee If Not Reported?
A: Yes, an employer can be held liable for a manager sexually harassing an employee even if the harassment is not reported. Sexual harassment is illegal, and it is a violation of federal and state laws such as Title VII of the Civil Rights Act. If sexual harassment is found to have occurred in the workplace, then the employer will be held liable for the actions of their employees.
California employers are responsible for creating a working environment that is free from discrimination and sexual harassment.
Q: Is It Illegal for Employers to Retaliate Against an Employee for Reporting Harassment?
A: Yes, it is illegal for an employer to retaliate against an employee for reporting harassment. Reporting harassment in the workplace is a protected activity for employees. Other protected activities employees have include filing a wage claim, filing a discrimination claim, reporting safety concerns, and reporting fraud.
Retaliation can appear in obvious forms, such as termination or demotion. It can also appear in more subtle ways, such as being shut out of group meetings, given poor performance reviews, increased workload, exclusion from programs, etc.
Q: Why Should I Pursue Legal Action for a Wrongful Termination?
A: If you have been wrongfully terminated, you should file a claim against your employer and pursue legal action to receive the fair compensation you deserve. You should pursue a claim because you could receive compensation for lost wages, promotions or raises that you were entitled to, or pain and suffering that you experienced. Your employer may also have to pay fines for their actions. Additionally, an employer may not change their ways unless there is legal action brought against them.
A Law Firm You Can Count On
If you believe that you have been wrongfully terminated for something such as reporting a sexual harassment incident, then you should speak with an experienced attorney immediately. It is important that employers are held responsible for their actions in the workplace and for any mistreatment that they impose upon their employees. It is equally important that employees feel safe while at work and protected against any retaliatory behavior from their employer.
At Diefer Law Group, P.C., our legal team has ample experience in wrongful termination cases in California. You can count on our compassion, dedication, and determination to help you successfully resolve your case. Our team of dedicated attorneys can help you explore the extent of your legal options and ensure that your rights are protected. Contact us today to see how we can help you with your legal case.
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