Under California and Federal law, it is illegal to retaliate (discharge, expel, harass, or otherwise discriminate) against any person because that person has opposed certain forbidden practices or has made a complaint, testified against, or assisted in certain proceedings, including against their employer. Thus, while an employee is often an at-will employee, if the employee has reported illegal conduct, the employee is afforded legal protections to prevent retaliation. Note, if an employee makes a protected report, e.g., alleging that the company is doing something illegal, the employee does not have to be correct, but only had to have a reasonable belief that the conduct was illegal.

• Retaliating against (e.g. demoting/firing) an employee for reporting any discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.
• Retaliating against (e.g. demoting/firing) an employee for taking pregnancy and/or FMLA/CFRA leave or needing a reasonable accommodation to perform their duties.
• Retaliating against (e.g. demoting/firing) employees for complaining about, or reporting the company’s failure to pay proper wages (including overtime), workplace safety problems and violations, and/or reporting illegal practices.
• Retaliating against (e.g. demoting/firing) an employee who refuses to engage in illegal or unsafe activities.

There are a variety of remedies for victims of retaliation, which include but are not limited to:

• Back pay (lost wages)
• Front Pay (money for lost future earnings)
• Out-of-pocket expenses
• Injunctive relief
• Emotional distress damages
• Punitive damages
• Attorneys’ fees and costs

If you think that you have been retaliated against for protected complaints and/or are a whistleblower contact the Wagner Legal Group for a free consultation or call (310) 857-5293.