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Wrongful termination question

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  • Wrongful termination question

    This is in california. If I file a wage claim and the Department of labor finds me in the right and then orders X dollars paid. Everyone I am talking to is saying I best be looking for a new job. They are going to fire me. Isn't there some law stating they cannot fire me or treat me poorly after the wage claim?

  • #2
    Isn't there some law stating they cannot fire me or treat me poorly after the wage claim? Yes, there is. Any retaliation against an employee for filing a good faith complaint with a government agency is prohibited. If you are terminated for filing a complaint, it would be a wrongful termination.


    • #3
      Just one caveat.

      Yes, it would be a wrongful termination if they fired you because you filed a wage claim.

      However, that does not mean you cannot be termed for unrelated issues.

      That is not to say that a termination for any reason could/should not be looked at very closely, since it would also be illegal to make up a reason to term you when it is really because of the wage claim. But if there are unrelated business reasons why your job needs to be eliminated or why you should be fired (you are not now free to violate company policy, for example ) the termination would be legal.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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