Call For a Free Case Evaluation 800.370.7102
When Life Takes a Turn, Turn to Diefer Your Side Deserves to Be Heard

Termination as Retaliation

Part 2 in a 3-Part Wrongful Termination Blog Series

In part one of our wrongful termination blog series, we discussed what wrongful termination is and some of the ways it can manifest itself at the workplace. Specifically, we took a deeper look at discrimination-based termination. In our second blog this series, we will focus in on retaliation-based termination- what it is and what it is not.

Reasons an Employer Might Retaliate

In many instances, an employee knows why their employer is treating them differently, but this is not always the case. Whether you are aware of the reason why you are being retaliated against or not, you will likely be able to detect a change in your employer's treatment of you. Below are some of the most common reasons employers retaliate:

  • General aversion to the employee – Sometimes, there just isn't any real reason why your employer is treating you differently. If you are terminated from employment, and you aren't given any real reason for this, you may have a wrongful termination claim.
  • Discriminatory reasons – As we discussed in our first blog in this series, your employer may choose to retaliate against you not because of something you did, but for what defines you such as: religion, race, sex, etc.
  • Work performance (bad or good) – When an employer feels threatened by an employee, they may choose to retaliate by firing that employee. An employer might feel threatened by an employee if that individual is doing an exceedingly good job at work. An employer could, on the other hand, could terminate an employee because of poor work performance (which is not necessarily illegal).
  • Whistleblower – One of the most common reasons for employer retaliation leading to wrongful termination is whistleblower action. A whistleblower is someone that points out employee rights issues or employment law violations at the workplace.

Employees Who Are Forced to Resign

Often referred to as "constructive discharge," this unlawful employment practice involves making a work environment so hostile that an employee has no other choice than to quit. In some cases, this can be difficult to prove, but it is illegal nonetheless and employers who fall victim to this type of scheme are protected under the law. This could take the form of:

  • Incessant harassment of an employee
  • Excluding an employee / isolating them
  • Verbal abuse or public mocking of an employee
  • Requiring the employee perform impossible or overly-harsh tasks

If you have fallen victim to a hostile, uncomfortable or even unsafe work environment because your employer is trying to get you to quit, you may have a wrongful termination claim.

Were you fired or laid off by your employer as an act of retaliation? If you believe that this is what happened to you, entrust your case with an Orange County employment law attorney at our firm. Diefer Law Group, P.C. provides free and confidential case evaluations, so call today to discuss!