What Is Retaliation and Wrongful Termination in San Francisco?
What is retaliation resulting in wrongful termination? It is important to understand the meaning of both terms, but first, be aware that these cases often require complex legal analysis best handled by an employment law attorney.
Retaliation is a term that refers to any adverse action taken by an employer in response to an employee’s decision to file a discrimination or other employment claim, participate in a discrimination investigation or proceeding, or otherwise exercise their rights under state or federal law. The state and federal laws that protect job applicants and employees against discrimination, and that clarify rights concerning wage and hour laws, leave laws, and related employee rights, also contain prohibitions against retaliation. Various adverse actions taken by employers may constitute retaliation, including demotions, pay decreases, job transfers, hour changes, and wrongful termination.
What is wrongful termination? This is a term that simply refers to a situation in which an employer fires an employee for reasons that are unlawful. Wrongful termination is often a form of retaliation taken against the employee in response to their decision to file a discrimination claim or to report a legal violation in the workplace. Due to the difficulty in proving an unlawful motive in wrongful termination and retaliation cases, if you have been terminated after exercising your legal rights, you should speak with a wrongful termination lawyer.
Constructive Discharge, Retaliation, and Wrongful Termination in San Francisco
In some instances, an employee’s resignation may also constitute a wrongful termination when that employee is facing retaliation in the workplace. This kind of situation is known as a “constructive discharge” or a “constructive termination.” According to the California Supreme Court, an employee may be able to file a wrongful termination claim when an employer’s conduct “effectively forces an employee to resign.” For example, if the employer was engaging in blatant acts of retaliation — such as demotion, unreasonable oversight, an unreasonable schedule change, harassment, or a job transfer with adverse consequences — the employee’s resignation might actually constitute a “constructive discharge.”
The best way to determine whether or not you may have a retaliation and wrongful termination claim is to have a wrongful termination attorney assess your case.
Reach Out to Our San Francisco Retaliation & Wrongful Termination Lawyers
In order to prove retaliation and wrongful termination in a San Francisco workplace, it will be critical to gather as much evidence as possible and to work with an employment law attorney who can help. Contact our experienced San Francisco retaliation & wrongful termination lawyers today for more information about our services. Call us at (833) 893-6763 or contact us online to schedule a consultation.
