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Orange County Wrongful Termination Attorneys Explain Retaliation

Both the federal government and California have enacted retaliation laws to protect you, as the employee, from an employer “getting back” at you if you engaged in an activity that is protected by other laws.

As an employee, am I only protected if I am fired in retaliation?
Not only is an employer prohibited in firing you in retaliation, he or she cannot retaliate in the following:

  • Hiring practices,
  • Pay,
  • Promotions or demotion,
  • Layoffs,
  • Benefits,
  • Assignments, and
  • Training.

Essentially, any term or condition of employment is included.

What is a “protected” activity?
If a federal or state law has created a workplace right, the employer cannot retaliate against employees who exercise that right. Examples include racial, ethnic, and religious anti-discrimination laws, laws that prohibit sexual and other forms of harassment, and laws that mandate reasonable accommodation if an employee is disabled. An Orange County wrongful termination attorney can explain that there are many other such protected activities.

Then I cannot be fired if I am engaged in a protected activity?
Retaliation laws protect you only if the real reason you were fired is because you asserted rights that are otherwise protected. If your employer has a genuine, lawful reason other than one related to the protected activity to fire you that is not considered retaliatory.

Also, you are not protected in your claim if it is baseless. In other words, if you make a claim of discrimination without any facts to support that claim merely because you were fired, you will not be afforded protection.

However, even if you lose your claim of retaliation but it was made in good faith, you are protected against future retaliation for filing that retaliation claim.

How can I know if the law will support my claim of retaliation?
A consultation with an experienced Orange County wrongful termination attorney is an essential first step in this complex area of law. There are very specific deadlines for filing such a case and many of these are short. The sooner you begin the process, the greater the opportunity for a positive outcome.

If you feel you have been wrongfully fired from your job, please do not hesitate to contact the experienced Orange County wrongful termination attorneys at the Daily Aljian law firm today for a free initial consultation.