Being fired can be an extremely stressful experience, especially when the reason your employer gives for the decision does not align with reality. Just because your boss says you are being let go for “performance reasons,” that does not mean this is true.
Although employers have considerable leeway in making hiring and firing decisions, they cannot do so illegally. That includes retaliating against workers for engaging in protected activity on the job, such as reporting certain problems.
At Justice Law Corporation, our California wrongful termination lawyers help working people fight back against retaliation and other unlawful treatment. We are experienced attorneys who have a track record of success in court and through negotiated settlements. Our lawyers can help you determine if you have a valid legal claim and take action to enforce your rights.
State and federal laws give workers strong protections against retaliation and the right
to take legal action against their employers. But employers often cite factors like performance to justify firings and to mask retaliation for lawful activity, such as speaking up at work.
The idea of blowing the whistle in the first place and later filing a claim against an employer can be overwhelming for many people. The good news is that you do not need to go it alone. Our lawyers can help. Here is what you need to know if you have been fired for “performance reasons” after reporting a problem at work.
Know Your Rights
California is generally an “at-will” employment state, which means employers can fire employees at any time and for just about any reason. It also means that employees are free to leave their jobs at any time.
There are several exceptions to the “at-will” rule, however. One of the most important is retaliation. Employers are banned from firing or taking other punitive action against workers for exercising their legal rights in various ways. Some of the most common examples of protected activity include:
- Reporting discrimination or harassment
- Complaining about unpaid wages or overtime violations
- Reporting unsafe working conditions
- Requesting disability accommodations
- Taking protected medical leave
- Reporting illegal conduct or whistleblowing
- Participating in an HR investigation
- Filing a complaint with a government agency
- Supporting another employee’s complaint
For employees who complain about or report what they believe to be unlawful behavior, you do not need to be right in order to be protected against retaliation. You may be shielded from retaliation as long as you reasonably believed you were acting in a protected way and your employer took a retaliatory action.
Employees who face retaliation have the right to fight back, whether by joining together or by pursuing individual claims. The remedies typically available include:
- Reinstatement to the job
- Back pay for lost wages and benefits
- Compensatory damages for emotional distress
- Civil penalties against the employer
- Attorney’s fees and costs
If something about your firing feels suspicious, it is worth investigating. An experienced California wrongful termination lawyer at our firm can help you understand your rights and consider whether you have a legal claim for retaliation.
Some employers offer severance in exchange for a release of legal claims, including waiving your right to sue for wrongful termination. Consider speaking with an employment attorney before you sign anything.
Proving Your Firing Was Retaliatory
Retaliation is often subtle, can occur over time, and may be disguised by rationales such as downsizing, changes in customer demand, and poor performance. To be sure, employers rarely admit they fired someone because the employee complained about unlawful behavior or engaged in other protected activity.
If you were fired after reporting a problem at work and your employer claims that the termination was due to poor performance, you generally have to be able to show that this is not true.
Here are some other ways to show that the firing was retaliatory, rather than based on actual performance issues.
- You had strong reviews before making a complaint
- Negative feedback suddenly appeared after you reported misconduct
- Your employer skipped its normal disciplinary procedures
- Other employees were treated differently
- Your employer exaggerated minor mistakes
- Your manager started documenting trivial issues only after your complaint
- You were placed on a sudden performance improvement plan (PIP) after reporting a problem
It is important to have documentation to support your claim. This includes emails, text messages, Slack or Teams messages, HR complaints, meeting notices, calendars, and company policies.
Records showing that you had little or no history of performance issues before the firing may help. Comparative evidence is especially helpful in these cases. If you can show that other workers in similar situations who did not report misconduct were not fired for the same alleged performance issues, that can help prove the firing was retaliatory.
Our California Wrongful Termination Lawyers Can Help
If you believe that you are being discriminated against on the job, whether it is by being passed over for a position, underpaid in your role, or in other terms and conditions, you do not need to go it alone. A California wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us online or call 818.230.7502 to schedule a free consultation with a California wrongful termination lawyer.
