Sacramento Retaliatory Termination Attorney
Helping Protect Against Illegal Retaliation in California
Very few terminations are conducted in a manner such that the terminated
employee is aware of when and where he or she will have his or her employment
terminated. In fact, except in cases where there is an employment contract
that provides otherwise, California employers are permitted to terminate
an employee at any time and for nearly any reason – or for no reason
at all. But when your employment with your employer comes to an end in
retaliation for something you said or did, you may have a claim for wrongful
or retaliatory termination.
When Is Termination Considered Retaliatory?
California is an “at-will” state, meaning that either the employer
or employee can terminate the employment relationship at any time. An
employer does not need to give any advance notice to an employee that
he or she is about to have his or her employment terminated and the employer
does not need to give a reason. Nevertheless, there are some situations
in which an employer cannot terminate an employee. These situations include
cases of “retaliatory” termination in which the employer is
responding by terminating the employee because of some protected act the
This can include terminations after the employee:
- Reported harassment, illegal conduct, or unsafe working conditions;
- Refused or rebuffed a sexual advance;
- Refused to participate in illegal conduct;
- Threatened to file a claim or lawsuit or did in fact file a claim or lawsuit.
An employer who unlawfully retaliates against an employee by terminating
his or her employment can be ordered to pay the terminated employee’s
back pay and other losses and expenses. In some cases, the employer may
be ordered to pay monetary damages even if the employee did not suffer
any actual losses.
Proving a Case Requires a Thorough Investigation
Your testimony as the terminated employee is rarely going to be enough
to establish that retaliatory termination occurred. Instead, a thorough
investigation into your situation will be necessary in order to uncover
all evidence that is favorable to your position. Your attorney will conduct
such an investigation as part of his or her job of preparing your case
During the investigation, you may uncover:
- Witnesses who overheard management talking about the real reason for your
- E-mails or internal memos between management in which your termination
- Evidence establishing that your termination was very close in time to an
action you took and for which you claim you were retaliated against;
- Evidence of prior acts of retaliatory termination committed against other
prior employees under similar circumstances.
Your attorney will need to move quickly in order to preserve this important
evidence for later use during settlement or trial. If he or she does not,
this vital evidence may be irretrievably lost, and your retaliatory termination
lawsuit can be severely prejudiced as a result.
Contact a California Retaliatory Termination Lawyer Today
The Law Offices of Gay Carroll-Haring are available to help employees who
engaged in lawful and permissible behavior but who were nonetheless terminated
from their employment as a result. I understand that this may be a very
angry and confusing time for you and for your family, but I will devote
my time and energy to trying to get you the compensation you need and
deserve following a retaliatory determination.
I can help you understand the process of filing a lawsuit and what you
can expect along the way.
Contact the Law Offices of Gay Carroll-Haring today by calling 916-443-3553 to discuss your retaliatory termination
case with me during an