What is Retaliation?
Retaliation occurs when employees are punished for "whistle blowing," trying to assert certain workplace rights, or engaging in other activities that are protected by law. Engaging in protected activity (e.g., complaining about perceived safety violations) and then suffering some sort of adverse employment action because of it (e.g., firing, demotion, transfer to a less desirable job, etc.) are the two main components of a retaliation claim.
Example:
An employee working at a pharmaceutical company notices that the company is concealing harmful test results from an experimental new drug. The employee reports the company's conduct to the Food and Drug Administration and then gets fired when the company finds out. The employee has a claim for unlawful retaliation.
What is Wrongful Termination?
Wrongful termination occurs whenever someone is fired in a way that violates California public policy. California public policy includes everything codified in state law, which means that if someone is fired in a way that violates state statutes prohibiting discrimination, harassment, retaliation, etc., then they also have a claim for wrongful termination (in addition to violation of the anti-discrimination or harassment statutes themselves). Wrongful termination claims are very important because they can significantly expand the range of damages that employees can seek for workplace violations.
Example:
An employee who becomes seriously ill needs to take time off from work. The employee properly requests unpaid leave under the California Family Rights Act (the state equivalent of the federal Family and Medical Leave Act), but because the leave is coming at an inconvenient time, the employer fires the sick employee. The employee can claim wrongful termination because the firing violates a clear, codified California state policy, namely that seriously ill employees should be able to take time off from work.
Free Consultation with San Francisco Bay Area Employment Lawyer
If you think you are a victim of wrongful termination or retaliatory firing, I offer a free case evaluation by telephone. Call 650-557-4746 (1-866-290-0424 toll-free) or fill out the contact form on this site to talk to me about your case. My law office is located in San Bruno in San Mateo County, just south of San Francisco.
