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You make a harassment complaint and two days later they fire you

Long Beach, CA |

Two days after making a harassment complaint via email, you were terminated by a public company.

Got some documents from the employer during a review and this complaint was not found - deleted or destroyed or never printed and put in the file. HR did acknowledge the complaint via email. I kept copies of my complaint and the acknowledgement too. Does this help my wrongful termination claim? Did they delete for a legal reason?

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Attorney answers 3


The fact that you were terminated only two days after making a harassment complaint does tend to support a claim for retaliation. What was the stated reason for your termination?

You should probably discuss the details with an employment law attorney.

Afshin Mozaffari, Esq.
12100 Wilshire Blvd., Suite 800
Los Angeles, CA 90025
Telephone: (323) 696-0702
Facsimile: (323) 546-3466

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The employer's actions are not by the book, firing you two days after you complain. You would need to be more specific about your harassment claim. Was it sexual harassment, or harassment based on race, sex, national origin, age, sexual orientation, etc.?

Or was it more of bullying. mean behavior that made the workplace unpleasant?

I suggest you get a free consultation with a lawyer. You have nothing to lose.

David Mallen
310.895.0107 cell

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.


The fact that you were terminated so shortly after complaining of harassment is very suspicious. The fact that you have evidence of your internal complaint is good.

Your tags indicate that you were complaining of sexual harassment. You can file a complaint of harassment and retaliation with either the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. It would be very helpful to speak with a local employment attorney about the case prior to filing a complaint. Discrimination complaints can be very difficult to pursue and having representation can provide you with very helpful guidance, legal advice and support throughout the process.

You can search for an attorney on Avvo or contact the local branch of the National Employment Lawyers Association for a referral.

Good luck.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.