In the State of California, what is considered workplace retaliation? Can these be a violation of public policy?

Asked over 1 year ago - Rancho Cucamonga, CA

I worked as a leasing consultant, for a property management company. After questioning my regional manager about signing an adjusted job addendum, and mentioning that I didn't like that our phone calls were being recorded without being aware until it was time to be graded on our phone calls to another coworker, I noticed that the regional manager was treating me differently and giving me unfair write ups, without even addressing my rebuttal. Eventually after making a complaint to my supervisor about feeling unsafe working alone after being harassed and threatened by a few residents, I was terminated.

Attorney answers (2)

  1. David Andrew Mallen

    Contributor Level 14

    Answered . The employer has a legal duty to provide a safe workplace. Firing you in retaliation for safety complaints may be a violation of public policy if you can prove it.

    Best regards,

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  2. Charles Richard Perry

    Pro

    Contributor Level 16

    Answered . You need to speak to a plaintiff-side labor lawyer. There may be a retaliation claim here, but I cannot tell.

    It is illegal in California to record a telephone call unless both parties consent to the recording. See California Penal Code ยง 632. If you complain about your employer's illegal conduct and your employer retaliates against you, then you MAY have a claim for wrongful discharge. It is not possible to tell if the other facts in your position add to your claim, give you an independent basis for a claim, or are simply not relevant.

    There are many good lawyers on AVVO that practice in this field. I would contact one of them, or at least a plaintiff's lawyer in your area for a consultation.

    Best of luck to you.

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