Can I Get Fired for Filing Against Workplace Discrimination?
Did your employer terminate you after you filed a discrimination charge?
If yes, you must know that California law protects your right to file a discrimination case. And it’s indeed illegal for your employer to terminate you for taking legal action.
However, there are also valid reasons for your employer to terminate you.
That’s why you have to know if your boss had illegally or legally fired you before taking any action. This article helps you understand the differences between legal and wrongful termination after filing a discrimination charge.
Filing a Workplace Discrimination Case
The Fair Employment and Housing Act protect workers’ rights against workplace discrimination. It lets you file a discrimination charge if you experience unfair treatment in the workplace because of your unique characteristics, like:
- Military status
The thing is that you must talk with your supervisor, human resource manager, or employer before filing a discrimination case. It gives you a chance to solve the problem without taking further action.
You can then file a discrimination claim in the correct government agency if you fail to settle the issue with your boss. You can turn to the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Wrongful Termination of Workers Who File Discrimination Charges
The problem with some employers is they retaliate by terminating workers who file workplace discrimination cases. Your termination is illegal if done because of any of these reasons:
- Opposing a discrimination case in your workplace
- Reporting a workplace discrimination case to the authorities
- Assisting the DFEH or EEOC in a workplace discrimination claim investigation
In this case, you can sue your employer for wrongful termination, which is a separate lawsuit from your discrimination charge. Hire a workers’ compensation attorney in Glendale to assist you in a wrongful termination lawsuit.
Understanding Legal Termination
Employers also have the right to fire employees because of valid reasons like:
- Poor work performance
- Workplace misconduct
- Company financial difficulties
Now, understand that some employers hide their true motives and use legal reasons to fire their workers.
For example, suppose you filed a discrimination charge against your boss, and they terminated you. Your employer may state your termination was because of poor work performance, even if your discrimination case was their actual concern.
In that case, you should prove the mixed motives of your employer for terminating you. A reliable employment lawyer will help support and defend your case.
Filing a Wrongful Termination Case
Remember these steps when filing a wrongful termination case against your employer:
- Collect as much evidence as possible. For example, you may show an incriminating email from your boss. You may also disprove poor work performance accusations by showing your clean track record.
- Hire an employment lawyer. They will help you gather more evidence and represent your case in court.
- Connect with the DFEH to file a wrongful termination case under California state law. On the other hand, go to the EEOC to file a federal claim. Consult with your attorney to choose between the two agencies.
- You will receive a notice of your rights to sue if you and your employer fail to settle in the DFEH or EEOC. File a case in court within 90 days of receiving the notice.
You can claim compensation, punitive damages, or job reinstatement through a wrongful termination lawsuit. Your legal counsel will optimize the benefits you deserve.
Call a Glendale Workers’ Compensation Lawyer for a Wrongful Termination Case
Remember that you have the right to file a discrimination case if you experience unfair workplace treatment. And your employer should not retaliate by firing you.
And consult a workers’ compensation attorney in Glendale immediately if your boss illegally terminates you from the job.