On behalf of Sullivan Law Group APC posted in wrongful termination on Sunday, July 1, 2018.
Employers in California are beholden to federal and state laws when it comes to termination. These regulations state that it’s illegal to discharge a worker for certain reasons, such as those based on race, sex, or country of origin. It’s also not permissible for employers to fire a worker in retaliation for lawful activities, as explained by the United States Department of Labor.
According to the Fair Labor Standards Act (FLSA), workers are free to file complaints regarding conditions or other workplace issues without worry of being fired or disciplined in any manner. This includes complaints that are made orally or in writing, as well as any testimony given in court about an employer in reference to workplace practices. All workers are protected from retaliatory firings, regardless whether they are covered by the FLSA.
There are also other regulations in place that prohibit retaliatory firings. For instance, the U.S. Equal Employment Opportunity Commission (EEOC) states that protections also exist under the Occupational Safety and Health Administration (OSHA). When claims arise due to workplace safety, it’s crucial that employees are able to report violations without fear of recrimination. Accordingly, OSHA offers protection for whistleblowers and anyone else involved in an investigation or who is responsible for reporting violations.
Additionally, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) offers protection to workers who are not naturalized citizens. In this case, laws state that employers are not permitted to retaliate against any workers that report issues related to discrimination based on their immigrant status. Common violations include discriminatory firings, as well as issues with hiring practices (i.e. refusing to hire a worker based on their country of origin).