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 the company.
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.
Examples of Laws Relevant to Wrongful Termination
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:
- Title VII of the Civil Rights Act
- Whistleblower Protection Act
- Americans with Disabilities Act
- Family and Medical Leave Act
- California Family Rights Act
- Occupational Health and Safety Act
- Age Discrimination in Employment Act
These laws provide you and other workers with many rights in the workplace, like the right to report illegal acts by your employer without fear of being fired or punished in some other way. For example, the Whistleblower Act protects you from retaliation by employers when you report safety violations, financial fraud, and other unlawful activities. No matter what you do for a living, you should have a sense of what you are legally entitled to as a California employee.
Statistics on Workplace Retaliation
You would think that workplace retaliation are rare and isolate events, but these incidents happen more often than most people realize. To handle complaints of workplace abuses, the federal government has established an agency known as the Equal Employment Opportunity Commission (EEOC). Along with investigating labor law complaints and penalizing employers, the EEOC also provides statistics on retaliation and other employment issues:
Between fiscal years (FY) 2009 and 2013, around 50% of all complaints against employers involved retaliation, half of which were based on discrimination of a protected characteristic such as disability, gender, race, religion, or sex. Other notable statistics include:
- In 2011, 44% of all claims filed with the EEOC accused employers of retaliation, and 34% of all retaliation claims had to do with workplace discrimination.
- In fiscal year 2012, 47% of complaints to the EEOC were based on one or more acts of retaliation.
- The rate of retaliation claims filed with the EEOC were about 48% in FY 2013, and 42% of these cases were directly tied to employment discrimination.
In FY 2014, 37,995 employee rights violation claims were filed with the Equal Employment Opportunity Commission. The number of claims in 2015 was about the same – 39, 757 to be exact. That number jumped to 42,018 in 2016 and dropped to 21,097 in 2016. So, there is no conclusive pattern that can be determined by these numbers, but it’s clear that retaliation continues to be a problem at many workplaces in the United States.
Filing a Lawsuit for Retaliation in the Workplace
Employees who are dealing with retaliation at their job have options they can take to protect themselves in their current position or obtain compensation if they unjustly terminated. The solution that works for you depends on many factors that are specific to your own experience. However, all employment cases for wrongful termination begin at the federal or state level.
For instance, you can choose to file a complaint with the Equal Employment Opportunity Commission if you were fired for speaking out against discrimination by your employer. The EEOC is an employment agency dedicated to upholding federal labor laws, particularly those involving discrimination and retaliation. So, as a worker that’s facing retaliatory treatment, you can file a formal complaint with the EEOC, which will initiate an investigation of your employer’s actions. If the EEOC determines that your employer violated the law by firing you, they may be ordered to pay civil penalties and compensate you for lost wages.
In California, you also have the option of filing a claim with the state Civil Rights Department if your employer violated state laws pertaining to discrimination and retaliation. But the CRD takes a similar approach to investigating claims and punishing employers that break the law. Thus, you can expect that the agency will take action against your employer if there is proof of a legal violation.
Some cases are much more complicated, or the claimant is entitled to various damages that add up to a significant amount of compensation. In these instances, the EEOC or the CRD may give you a Right to Sue letter, which means you have the option to file a lawsuit for wrongful termination. Maybe you already have interest in filing a civil lawsuit against your employer. However, you must start the process by filing a claim with the EEOC or CRD, depending on the legal basis for your complaint. Only upon receiving the right to sue from either agency can you go ahead with a lawsuit for monetary damages.
Recent Cases of Wrongful Termination and Workplace Retaliation
Retaliation by employers is one of the most common legal violations across all industries and work environments, whether you have an office job or help customers at a store. Any case of wrongful termination due to retaliation is complex, and so is the process of taking action against an employer. This is illustrated in the following real-life cases.
Christopher Trimble v. Fullerton Joint Union High School District
Christopher Trimble worked as director of food services for the Fullerton Joint Union High School District. In 2017, he was fired after a series of complaints about his work performance within the few months leading up to his termination. The sudden onslaught of criticism was unusual, considering Trimble had never had any complaints about his job performance up until that point.
Trimble’s work put him in charge of food services for 7 high schools in the district, and during his employment, he implemented numerous programs that improved food services for students and staff. At some point, he was notified that the Fullerton Joint Union High School District was having students reapply for the Free and Reduced Meal Program, which was sponsored by the U.S. Department of Law and the California Department of Education. Trimble said the district was targeting students that already applied for the meal program subsidies with the intent of getting more funding. In essence, the district was attempting to defraud the federal government.
Knowing such conduct was illegal and unethical, Trimble filed a complaint regarding the district’s actions. Afterwards, he found himself on administrative leave and was fired two months later. District officials claimed that the leave was based on problems with his work performance, but this was not what Trimble was told at the time of his firing. At that time, he was informed that the district eliminated his position and that’s why he could not continue his job.
Trimble file a lawsuit on grounds of whistleblower retaliation by the school district, according to California Labor Code § 1102.5. He asked for lost wages and compensation for the emotional distress caused by the termination. A decision in favor or the plaintiff was reached by the jury on October 23, 2018, and Trimble received a total of $650,000. Much of the award – $520,284 – was for emotional distress and other non-economic damages.
Daryl Woodruff v. Pacific Gas & Electric
Daryl Woodruff was working for Pacific Gas & Electric Co (PG&E) as an electrical maintenance and construction supervisor. He was fired from his job on September 16, 2016, following a suspension in July of that year. The problems began when Woodruff, who is black, accused a non-black supervisor and his team members of falsifying safety records. For example, Woodruff suspected that the supervisor and employees under his management were falsifying inspection reports for transformers they had never inspected.
Woodruff confronted the supervisor in question, and also reported his concerns to the superintendent, the company’s investigation team, and the Public Utilities Commission. Following these actions, he was contacted by PG&E’s human resources department about a racial discrimination complaint. Apparently, a lower level employee at the company had complained of racial bias by the superintendent. Woodruff was forthright in his support of the employee, stating that he believed the superintendent gave preferential treatment to the non-black employees.
On July 8, 2016, Woodruff was placed on suspension and told that he was being investigated on allegations of falsifying records. The results of the investigation showed that there may have been mistakes on certain forms, but no evidence that he had intentionally falsified company records. So, he was cleared of the charges against him, but the superintendent still made the decision to fire him 2 months later, shortly before Woodruff was scheduled for an interview that could result in a promotion.
Claiming that he was a victim of whistleblower retaliation, Woodruff filed an employment rights claim against his employer, citing that:
- PG&E fired him right before an interview regarding a promotion because he is black.
- He was denied a promotion opportunity and fired in retaliation for his participation in the investigation against the superintendent for racial discrimination.
- He was fired and/or not promoted in retaliation for the allegations he made about the supervisor and his team falsifying safety information.
The plaintiff asked for compensation in the form of past and future lost wages, emotional distress, and punitive damages. The jury denied his request for punitive damages, but he was still awarded $341,168 in damages for lost income, moving expenses, and pain and suffering.
John N. Vidovich c. City of Los Angeles and United Firefighters of Los Angeles County
John Vidovich, a city of Los Angeles Fire Marshal lost him job in 2016. He alleged that the termination was due to his reporting of illegal activities by officials with the Fire Protection Bureau. According to the plaintiff, he was removed as Fire Marshal so that the agency could avoid scandal, which would have compromised a $350,000 political contribution to the United Firefighters of Los Angeles (the firefighters’ union).
Vidovich filed a wrongful termination lawsuit based on retaliation against the City of Los Angeles and the firefighters’ union. He asserted that the termination came as a direct result of him reporting the legal violation by the Fire Protection Bureau.
The city countered that the plaintiff was terminated from his position due to various issues with his leadership skills. These accusations were supported by on-going friction between Vidovich and the union, mainly the claimant’s failure to cooperate with the union’s decisions throughout 2015. Reports from the union in 2016 expressed serious concerns with Vidovich’s ability to continue his role as Fire Marshal. Thus, termination of Vidovich by the fire chief was not retaliation, but simply a matter of his work performance.
Vidovich, however, had a 35-year career with the city fire department, and the timing of his termination soon after his act of whistleblowing could not be ignored. The case eventually settled for $800,000 without going to trial.
What can We Conclude from These Cases?
The retaliation cases we just went over resulted in compensation for all the claimants, but of course, there are cases where the jury sides with the defense. Or, the evidence is not strong enough to merit the amount of damages being sought by the plaintiff. At the end of the day, no two cases are alike, and some lawsuits are based on compelling evidence from both parties.
One thing to note is the timing of termination, i.e., was the plaintiff fired soon after doing something that put the employer in a difficult predicament? Falsifying of safety records would certainly cause problems for any company, and most people would be offended by accusations of racism, whether it’s true or not. Retaliation is very common under these circumstances, but then again, the employer may have legitimate reasons to take away your job. While the order of events may be suspicious, declining job performance and many other issues can form the basis for a legal termination.
This may have been the case with John N. Vidovich c. City of Los Angeles and United Firefighters of Los Angeles County. Clearly, there were reports of the Fire Marshal failing to cooperate with union requirements for about a year. Even after serving the fire department for 35 years, this would certainly call his leadership into question, so the defense argued that the termination was completely justified. That being said, the defendants are still taking a chance if they present the case before a judge and jury. Vidovich and his counsel probably realized this as well, and both sides may have understood the wisdom of settling the case out of court.
Recommended Steps if You are a Victim of Retaliation
If you are targeted for retaliation by your supervisor and other people in the workplace, there are things you can do to protect yourself and build a solid case for a wrongful termination lawsuit. This includes gathering evidence that proves the following elements:
- You were exercising your employment rights, like asking for reasonable accommodations or filing an HR complaint
- Following your actions, your employer retaliated against you (firing you, for example)
- There is a direct connection between the protected activity that you engaged in and the adverse employment decision by your employer
Once you have established these factors, you will need to concrete evidence to back up your allegations. This is the foundation of any employment law violation claim, so please make sure to gather and safeguard:
- Any emails, texts, letters, etc. that have to do with the protected activity which led to retaliation by your employer
- Any performance reviews and other documents or communications that have to do with your work performance
- Statements (written or recorded) from current and former coworkers who have received similar treatment
- Copies of any Human Resources complaints you made against your employer, along with copies of complaints that were made against you
- Keep a record of all the income you lost as a result of your employer’s actions, including value of work benefits like healthcare premiums, stock options, retirement contributions, etc.
In addition, talk to a lawyer specializing in wrongful termination and other unlawful acts by California employers. You should be educated on the laws that exist to protect you, along with legal options for how to fight back when you are subjected to retaliation at your workplace.
Financial Recovery from a Wrongful Termination Case
More often than not, financial recovery is a major goal when someone files a lawsuit of any kind. However, each case involves unique circumstances and details that determine the claimant’s eligibility for compensation and the damages they can ask. The amount of compensation will also vary from one employment claim to another, which is why settlement values can range from just a few thousand dollars to over $1,000,000.
Numerous variables play a role in your potential case value, including the total amount of lost wages and job-related benefits. We also have to think about how easy or difficult it will be for you to find a similar position in the same industry, or if you will be forced to take a lower paying job. You may also have grounds to seek pain and suffering for significant emotional distress associated with discrimination and retaliation by your employer.
Once we examine these and other factors that are relevant to your case, we can determine which of these damages you are entitled to:
- Back and front wages, i.e., lost wages you have lost and will continue to lose because of your job was taken away illegally
- Value of job benefits you lost because of termination and other acts of retaliation (demotion, suspension, denied promotion, etc.)
- Pain and suffering for the emotional / psychological distress caused by abusive employment practices, toxic work environment, etc.
- Punitive damages may be awarded to claimants who suffered because of gross negligence or malicious conduct by the employer.
Prolonged retaliation at your job almost always ends in termination, and there’s no denying that job loss creates financial constraints for you and your loved ones. By filing an employment claim and fighting for what is rightfully yours, you can receive compensation and move forward with life in a positive direction. While there are no guarantees in life, many people find that it’s worth it to take a stand and hold employers accountable when they choose to break the law.
Deadlines for an Employment Rights Violation Claim
Whether you are suing for sexual harassment or wrongful termination, all employment cases must be filed within the required statute of limitations. This ensures that cases are filed in a timely manner and both sides have a fair chance to gather evidence and present their side of the story.
Most cases, like accident claims for an injury, typically have one deadline for how long you have for a lawsuit. But wrongful termination and other employment claims have multiple steps, including the need to file a complaint with the EEOC or CRD. Thus, you have multiple deadlines that may be applicable, which include:
- 300 days to file a n EEOC complaint, starting from the date of violation
- If the EEOC allows you to sue your employer directly, you have 90 days to file a lawsuit
- 1 year from the date of violation to file a wrongful termination claim with the CRD.
- Upon receiving permission from the CRD to sue your employer, a lawsuit must be filed within 1 year.
It’s essential to determine which deadlines you need to go by and ensure that you stay on schedule. It may seem like you have a lot of time to take action, but the days go by very fast, and before you know it, you are close to exceeding the statute of limitations. To ensure that you do not lose the right to monetary damages, reach out to a workplace retaliation lawyer as soon as possible.
Contact Our Law Firm Today
If you were retaliated against by your employer, make sure to contact the experts of California Labor Law Employment Attorneys Group. We have the skills and experience to handle any type of retaliation complaint, including wrongful termination. We are here 24 hours a day, 7 days a week if you would like to discuss your situation with a California employment attorney.
A lawsuit for wrongful termination is a long and complicated endeavor, and you are likely to have worries about the cost of hiring an experienced law firm. That’s why we offer the Zero Fee Guarantee, a system where victims pay $0 if they wish to proceed with a legal case. We ask that legal fees be included in the settlement you receive from your employer, thereby ensuring that we only get paid by winning your case.
We also provide free second opinions on pending wrongful termination claims. Do you have questions or concerns about your lawsuit or your attorney’s handling of your case? Would you like a member of our legal team to provide you with an honest assessment, with no obligation to switch lawyers or do anything else beyond taking some time to speak with us? If so, please get in touch to schedule a second opinion, completely free of charge is available
In short, you have much to gain and nothing to lose by contacting us and learning about the ways we can assist you. Please use our contact form or give us a call if you were fired because of retaliation in the workplace.
