Can an employee be fired for filing a complaint?

In California, an employee cannot be fired for filing a complaint. The California Fair Employment and Housing Act (FEHA) protects employees from discrimination and retaliation for filing complaints about discrimination, harassment, or other protected activities. This type of protected activity is known as “whistleblowing” and is protected by the law. Employees who believe they have been fired in violation of the law may take legal action. If a successful claim is made, the employee may be entitled to reinstatement, back pay, and punitive damages. They may also receive compensation for any costs and attorney’s fees associated with the claim. Employers must be very careful when it comes to firing employees who have filed complaints. They should always consult their legal team before taking any action, as it could lead to costly litigation. Employers should also ensure that their policies and procedures are written to avoid any potential claims of wrongful termination. In short, an employee in California cannot be fired for filing a complaint. If an employer decides to do so, they may be subject to legal action. Employers should be sure to consult their legal team before taking any action and abide by the law.

Related FAQs

When do federal labor laws apply?
Are employers allowed to monitor their employees’ phone calls and emails?
What is the difference between an at-will and a contract employee?
Are employers required to pay employees for unworked holidays?
Are employers allowed to ask job applicants about their religion?
Are employers allowed to videotape their employees?
Are employers required to provide health and safety training to employees?
Are employers allowed to reduce an employee's hours or duties without notice?
What is the Equal Pay Act?
What type of discrimination is unlawful?

Related Blog Posts

Employment Law Overview: What Employers Need to Know - July 31, 2023
Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023