![]() Retaliation Experienced Trial Attorneys |
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EMPLOYMENT LAW INSTANT CASE EVALUATION |
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Retaliation Lawyer
In California, most employment relationships are "at-will," meaning employees can quit or resign at any time, and employers can terminate employment without reason. According to California Labor Code section 2922, "An employment, having no specified term, may be terminated at the will of either party on notice to the other." However, this right to terminate employment is not absolute. "Retaliation" occurs when an employer unlawfully terminates, demotes, or discriminates against an employee for engaging in protected activities, such as reporting discrimination or harassment. This is prohibited because it penalizes employees for exercising their legal rights. Whether retaliation has occurred often depends on whether the employer's stated reason for discipline is pretextual and whether evidence suggests discriminatory or retaliatory motives (Joaquin v. City of Los Angeles, 2012).
![]() Both federal and state laws prohibit retaliation against employees who oppose or report prohibited discrimination or harassment. Key statutes include:
Additional California laws that protect against retaliation include:
Retaliation claims can proceed to trial even if primary claims (e.g., discrimination or harassment) are dismissed. To establish a prima facie case of retaliation, an employee or job applicant must show:
If you believe you have been a victim of retaliation, contact SAW LAW GROUP for expert legal assistance and representation. |
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