By: Jacob Maslow

Retaliatory termination happens when an employer fires or takes other negative employment actions against an employee because they participated in a protected activity. In simple terms, it’s when a company punishes you for doing something that the law says you’re entitled to do. 

In Los Angeles (and pretty much anywhere else in the US), most employment is at-will, which means that an employer can fire an employee for almost any reason, or for no reason at all. However, there are critical exceptions to this rule. One of the most important exceptions is that an employer cannot terminate an employee for engaging in certain protected activities. 

Protected activities are actions that employees have the legal right to engage in without facing retaliation. If you are facing termination, consulting with a Los Angeles wrongful termination lawyer may help you understand your options. These include things like reporting illegal behavior, filing complaints about workplace discrimination, participating in investigations, or requesting time off under laws like the Family and Medical Leave Act (FMLA).

So, even though your boss might have the legal right to fire you for a range of reasons in an at-will employment setup, they cannot legally fire you for taking part in a protected activity. If they do, it could be considered retaliatory termination.

What Does Retaliation Look Like?

Retaliation doesn’t always mean you’ll get fired right away. It can show up in smaller ways too, but these can still hurt your job. Some forms of retaliation might include:

• Being given extra work that’s way more than anyone else’s.
• Having your performance reviews suddenly drop even though your work hasn’t changed.
• Being demoted, or not getting that promotion you were up for.
• Your employer might make you feel like you’re not part of the team anymore—maybe they cut you out of meetings or projects.
• If you suddenly get negative feedback, threats, or even warnings when you hadn’t gotten any before.

How to Prove You’re Being Retaliated Against

First off, if you’re still working there, make sure you report any unfair treatment to your company. This could be to your boss or your HR department. The goal is to make it clear that something’s going wrong and that you want it to stop.

You’ll need to show there’s a link between what you did (like reporting a problem) and the negative treatment you received. Sometimes that’s easy to prove if your boss actually specifies your supposed crime.

Other times, you might have to rely on things like timing. For example, if you file a report about unsafe conditions at work, and suddenly you get a bad review or are demoted right after, that’s suspicious. It’s hard for employers to deny that connection.

You should also keep track of your performance reviews, because they can help a lot in these cases. If you’ve always done well and suddenly you get a poor review after reporting something, it can make your case stronger. Just having these documents could help show that the firing wasn’t about your work at all, but about your complaint.

What Should You Do If You Suspect Retaliation?

If you think you’re facing retaliation, you should take immediate steps to protect yourself:

1. Document Everything: Keep a detailed record of all instances of retaliation. Write down the dates, what occurred, and any communications with your employer regarding the issue.
2. Report the Issue Internally: If you feel comfortable doing so, report the retaliatory actions to HR or your supervisor. Sometimes, employers may not even realize they’re retaliating, and pointing it out might resolve the issue.
3. Contact an Attorney: If the situation doesn’t improve or your employer denies any wrongdoing, it’s time to consult with an attorney who specializes in employment law. A lawyer can help you understand your rights and guide you through the process of filing a formal complaint or lawsuit.
4. File a Claim: If necessary, you can file a charge of retaliation with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Employment laws vary, and you should consult a qualified attorney for guidance on your specific situation. Reading this does not create an attorney-client relationship.

Published by Mark V.