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

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.

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Attorney answers 2


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 intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.



What forms of evidence usually serve as solid proof?


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 § 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.