What Is Retaliatory Termination?

Losing a job is jarring under any circumstances. But when an employee is fired shortly after reporting harassment, requesting medical leave, or raising a safety concern, the shock cuts deeper. Doing the right thing should not cost someone their livelihood. When it does, the situation may amount to something the law does not allow.

Retaliatory termination is unlawful. Federal and California laws protect employees who exercise their legal rights, and firing someone for doing so can form the basis of a legal claim. In these moments, sound legal guidance makes all the difference. Minnis & Smallets LLP helps Bay Area and California employees understand their rights and pursue the support they deserve.

Retaliatory termination happens when an employer fires an employee for engaging in a legally protected activity, such as filing a complaint, reporting discrimination, or requesting leave.

• It involves a protected activity, an adverse action, and a causal link between the two.
• It is prohibited under federal law and California law.
• California employees generally must file a complaint within one year of the retaliatory act.
• Possible remedies include lost wages, reinstatement, and other damages.

How Can Employees Prove Retaliatory Termination?

Proving retaliation means connecting a protected activity to a firing. An employee generally needs to establish three elements:

• Protected activity: The employee engaged in an activity the law protects, such as filing a discrimination complaint, reporting wage violations, or requesting family or medical leave.
• Adverse action: The employer terminated the employee or took another negative action against them.
• Causal connection: A link exists between the protected activity and the firing.

Timing often tells the story. Under California Senate Bill 497, signed in October 2023, a presumption of retaliation may arise if an employer takes adverse action within 90 days of an employee engaging in certain protected activities. Documentation strengthens a claim, too. Emails, text messages, performance reviews, and statements from coworkers can help demonstrate the connection between the protected act and the termination.

What Is the Difference Between Retaliation and Wrongful Termination?

These terms overlap, but they are not identical. Wrongful termination is a broad category that covers firings that violate the law, including those based on discrimination, breach of contract, or other unlawful reasons. Retaliation is one specific form of wrongful termination.

Most California employment is “at-will,” meaning an employer can end the relationship at any time, with or without cause. However, at-will status does not give employers free rein. They cannot fire someone for a discriminatory or retaliatory reason. In short, retaliation focuses on punishment for a protected activity, while wrongful termination describes the wider range of unlawful firings.

What Should Employees Do After a Suspected Retaliatory Firing?

Taking thoughtful steps early can protect an employee’s rights and strengthen a potential claim. Consider the following:

• Preserve records: Save emails, performance reviews, and any documents tied to the protected activity and the termination.
• Write down the timeline: Note key dates, including when the protected activity occurred and when the firing happened.
• Identify witnesses: Coworkers who observed relevant events may be able to support the claim.
• Act promptly: Filing deadlines in California can be short, so delay can jeopardize a case.
• Seek legal advice: An employment attorney can review the facts and explain available options.

The attorneys at Minnis & Smallets LLP listen carefully, explain the law in clear terms, and help employees decide how to move forward.

What Compensation May Be Available in a Retaliation Lawsuit?

Employees who succeed in a retaliation claim may recover several forms of compensation. Available remedies depend on the specific facts and the laws that apply, but they can include:

• Lost wages: Back pay for income lost because of the firing, plus future lost earnings in some cases.
• Reinstatement: A return to the former position, where appropriate.
• Emotional distress damages: Compensation for the psychological toll of the retaliation.
• Attorney’s fees and costs: Reimbursement for legal expenses under many statutes.

An experienced employment attorney can assess which remedies are appropriate for a particular situation and pursue the strongest possible outcome.

Contact An Attorney For Assistance

Retaliatory termination punishes employees for standing up for their rights, and the law does not permit it. Proving a claim means linking a protected activity to a firing, acting before deadlines pass, and preserving strong evidence along the way. Employees who take these steps put themselves in a better position to recover lost wages and other damages.

Minnis & Smallets LLP represents accomplished executives, distinguished professionals, and hard-working salaried and hourly employees throughout San Francisco and the Bay Area. If a firing followed a complaint, a leave request, or another protected activity, contact Minnis & Smallets LLP today to discuss the details and understand the options ahead.