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Northern California Employment Law Attorneys
Retaliatory Termination

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 employee committed.

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 for trial.

During the investigation, you may uncover:

  • Witnesses who overheard management talking about the real reason for your impending termination;
  • E-mails or internal memos between management in which your termination is discussed;
  • 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 initial consultation.

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