In California, it is illegal for an employer to fire an employee because that employee opposed or reported illegal conduct, even if the employee’s complaint was not “well-founded.” The employer is liable for illegal retaliation as long as he or she can show:
- The employee engaged in “protected activity” by opposing or reporting illegal conduct;
- The employer took an “adverse employment action” (such as firing or a demotion) against the employee; and
- The employer’s adverse employment action was taken because of the employee’s protected activity.
Of course, not every complaint is “protected activity” in the eyes of the law. For example, it is not protected activity for an employee who is unhappy with his/her employer’s vacation policy to complain because they want more time off. However, it is “protected activity” for an employee to complain about an employer’s failure to pay wages on time.
If you feel that you have been retaliated against by your employer, it is important that you talk to an experienced employment attorney to find out whether or not the retaliation you suffered is illegal. The attorneys at the Akopyan Law Firm, A.P.C. are available to help.
LEGAL DISCLAIMER: The information provided here is not legal advice. The Akopyan Law Firm does not provide legal advice unless and until it is formally retained, and an attorney-client contract is signed. Each case is unique. The laws may or may not apply to your particular situation. This should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. Some jurisdictions may have laws and regulations that differ substantially from one another. The Akopyan Law Firm does not provide legal services or practice law outside of the State of California. You should always consult an attorney in your jurisdiction regarding any specific legal issue.