Wrongfully Terminated Due To Workplace Retaliation

Bonisiwe Shabane

-Nov 3, 2025, 3:12 AM

wrongfully terminated due to workplace retaliation

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. 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. Being fired from your job is always stressful—but if you suspect that your termination was not just unfair, but illegal, you may have grounds for a wrongful termination lawsuit.

Specifically, if you were let go for engaging in a protected activity, such as reporting harassment, unsafe working conditions, or discrimination, your employer could be guilty of retaliation under California law. At PLBH, we help employees stand up for their rights and hold employers accountable for retaliatory firings. If you’re considering legal action, knowing what kind of evidence you need is essential to building a strong case. Retaliation occurs when an employer takes negative action against an employee because they exercised a legal right or reported misconduct. While retaliation can take many forms—like demotion, pay cuts, or harassment—termination is often the most severe. Firing someone for engaging in these activities is unlawful, even if the employer tries to disguise it as a performance-based decision.

To succeed in a wrongful termination lawsuit, you’ll need to show that your firing was directly related to your protected activity. That means gathering clear, organized evidence to establish: 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. Employees have the right to report workplace misconduct, discrimination, harassment, and other legal violations without fear of retaliation. Unfortunately, some employers take adverse actions against employees who exercise their rights. If you have been wrongfully terminated or retaliated against, you may have legal options to seek justice and compensation.

Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities. Common forms of retaliation include: Wrongful Termination: Firing an employee for reporting misconduct or exercising legal rights. Demotion or Pay Reduction: Lowering an employee’s job status or wages. Hostile Work Environment: Creating unbearable working conditions to force an employee to quit. Wrongful termination and retaliation by an employer generally go hand in hand, even though employees have many rights in the workplace according to federal and state laws.

Unfortunately, employers can lash out when the worker exercises these rights. Workplace retaliation includes a wide variety of employment decisions, like pay cuts, demotions, undesirable shift changes, micromanaging and increase scrutiny, verbal abuse, overly critical performance reviews, and loss of one’s job or position within... Termination is one of the most obvious, yet common forms of retaliation in California, which has some of the most progressive labor laws in the nation. As a victim of retaliation and other unlawful acts by your employer, you have the right to file a legal action and demand justice for the harm you suffered. It’s worth noting that approximately 17.1 million U.S. businesses and companies are located in California, which is the most populous state in the nation.

The majority of people working for these employers will face retaliation at some point in their careers. Retaliation in the workplace should never be tolerated, and there are various ways to hold an employer accountable. Retaliation refers to an employer doing something to punish an employee when they engage in a protected work activity. Some forms of retaliation are subtle, like subjecting the employee to increased criticism of their work performance. Others, like cutting someone’s pay or taking away their job, are more obvious. It’s important for employees to understand the laws that prohibit certain conduct by an employer.

These include: While most employers can terminate employees for most any reason, there are times when wrongful termination takes place. If you have been terminated because of workplace retaliation, you can pursue a claim against your employer to recoup compensation for your damages. There are many reasons that employers may want to retaliate. Here are a few reasons that an employer may retaliate against an employee: If any of these apply, you could be considered a whistleblower.

Whistleblowers are protected from retaliation and wrongful treatment from employers. If you have been retaliated against, you will want to file a complaint right away. You will need to contact the EEOC and let them know what has happened.

Wrongfully Terminated Due To Workplace Retaliation

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