Retaliation And Wrongful Termination Findlaw

Bonisiwe Shabane

-Nov 2, 2025, 1:35 PM

retaliation and wrongful termination findlaw

Wrongful termination happens when your employer fires you for an illegal reason. Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you: Termination could also be considered wrongful if your employer fired you but did not follow their termination policies. If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections.

Report your termination to the Occupational Safety and Health Administration (OSHA). Find instructions for filing a whistleblower complaint. Uncover the essential steps and critical evidence required to successfully prove a wrongful termination retaliation claim. Proving wrongful termination based on retaliation requires a clear understanding of legal principles and a strategic approach to evidence collection. When an employer takes adverse action against an employee for engaging in a legally protected activity, it constitutes retaliation. Successfully demonstrating such a claim depends on establishing specific elements and presenting compelling evidence.

Workplace retaliation occurs when an employer punishes an employee for exercising their legal rights. A “protected activity” encompasses actions such as reporting discrimination or harassment, whistleblowing about illegal conduct, or requesting accommodations under laws like the Americans with Disabilities Act. It also includes participating in an investigation, inquiring about wages to uncover discriminatory pay, or taking legally protected leave, such as under the Family and Medical Leave Act. Employees are protected even if their complaint is not ultimately proven, as long as they had a reasonable, good-faith belief that the conduct was unlawful. An “adverse action” is any negative employment consequence that would deter a reasonable employee from engaging in protected activity. This can range from overt actions like termination, demotion, or a significant reduction in pay or responsibilities to more subtle forms.

Examples include undesirable reassignments, unjustified negative performance reviews, increased scrutiny, or exclusion from meetings or projects. To establish a claim of retaliation, an individual generally needs to prove three core elements. First, the employee must demonstrate they engaged in a legally protected activity, such as those previously described. Second, an adverse action must have been taken against the employee by the employer. This adverse action must be a material change in the terms or conditions of employment. At The Law Office of Jason Ingber, we take on tough employment cases that many firms hesitate to handle.

This includes lawsuits against major corporations, cities, and state entities. Our firm represents employees who have suffered wrongful termination, discrimination, harassment, retaliation, and other violations of their workplace rights. In one of our current employment cases, our client Jonathan Perez alleges that Renewal by Andersen, a major window and door manufacturer, wrongfully terminated him in violation of California labor laws. The complaint, filed in the Los Angeles County Superior Court, details how Mr. Perez faced unfair treatment, retaliation, and job loss after standing up for his rights and reporting workplace misconduct. The lawsuit seeks to hold the company accountable for violating California’s employment protections, including retaliation statutes and the state’s strong public policy against wrongful discharge.

Employment disputes can be intimidating, especially when the employer is a major company or a public agency. Our firm has successfully represented clients in cases involving: Wrongful termination and retaliation for whistleblowing A firing can be unfair, abrupt, or handled poorly and still be legal. It only becomes “wrongful” when the reason for it breaks the law, such as when the termination violates a statute, goes against public policy, or breaches an agreement that limits the employer’s discretion. Here are the main legal reasons a firing can be considered wrongful:

Federal law prohibits firing someone because of their race, sex, age, disability, or other protected characteristics. California as well as other states expand protections further, sometimes covering smaller employers or additional categories like marital status or gender identity. Below are examples where the stated reason for the termination didn’t hold up because the real reason was tied to bias. An employee reported that coworkers had made racial slurs toward him on the shop floor. Instead of investigating, the company fired him the following week. Several, less experienced employees of a different race were kept.

There was no record of performance issues or misconduct in his file. After telling HR she was pregnant, a manager with strong annual reviews was suddenly removed from a high-profile account. Two weeks later, she was terminated. Her company cited a “restructuring,” but she was the only person affected. Home > Employment & Labor Law > Not Just Fired: When Wrongful Termination is a Symptom of Illegal Retaliation Losing your job is often a stressful and destabilizing experience.

You might question your performance, the company’s financial health, or a simple change in business direction. However, sometimes a termination isn't just an unfortunate event; it's the culmination of a series of retaliatory actions, a final, decisive act of punishment for exercising your legal rights or engaging in protected activities. Recognizing when a seemingly straightforward firing is actually the endpoint of illegal retaliation is vital for employees seeking justice, and this is where the expertise of an employment lawyer NJ becomes indispensable. Understanding the nuances between wrongful termination and retaliatory discharge can be the first step toward protecting your career and your rights. While wrongful termination and retaliation are often intertwined, they are distinct legal concepts. Wrongful termination generally refers to being fired for an illegal reason, such as discrimination based on race, religion, gender, age, disability, or for taking legally protected leave.

Retaliation, on the other hand, involves an employer taking adverse action against an employee because the employee engaged in a protected activity. This could include complaining about discrimination or harassment, reporting safety violations, participating in workplace investigations, or filing a wage and hour claim. Several employee actions are legally protected, meaning an employer cannot take adverse action against an employee for engaging in them. These protected activities form the bedrock of retaliation claims. Reporting discrimination or harassment to HR or a government agency is a prime example. Similarly, raising concerns about workplace safety to OSHA or refusing to participate in illegal activities are protected.

Filing a workers' compensation claim after a work-related injury or taking legally mandated family or medical leave also falls under this umbrella. Retaliation rarely manifests as a sudden, isolated act of termination. Instead, it often unfolds as a pattern of adverse actions designed to punish the employee and make their work life unbearable, ultimately leading to their resignation (constructive discharge) or outright firing. These actions can be subtle or overt, and recognizing them is crucial. Examples include unwarranted negative performance reviews, demotions, transfers to less desirable roles, increased scrutiny, exclusion from meetings, denial of training opportunities, or even hostile behavior from supervisors or colleagues orchestrated by management.

Retaliation And Wrongful Termination Findlaw

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