Fired for Reporting Sexual Harassment in California: What to Do 2024

Being sexually harassed at work can be a very traumatic experience. It is often difficult for employees to come forward and make a complaint. However, when the employee is subsequently fired for speaking up, it can make the situation all the more difficult. It is critical for them to know what to do if they were fired for reporting sexual harassment in California.

Sexual Harassment Claims

In broad terms, sexual harassment in the workplace involves unwelcome behaviors inflicted upon another person based on their gender, affecting their ability to work. This creates a hostile or offensive work environment. “Sex,” in this sense, refers to a person’s gender, not only sexual actions. Therefore, the actions do not have to be overtly or explicitly sexual in nature.

Anyone can experience sexual harassment. In the workplace, it can come from coworkers, managers, subordinates, or even non-employees, such as contractors or vendors. Sexual harassment is a form of discrimination, and those who are affected have a right to report it.

Wrongful Termination Based on Workplace Retaliation

Whenever sexual harassment occurs in the workplace, victims have a right to report the harassment to the appropriate parties without fear of retaliation. The law protects those who report these types of practices. If they are fired or otherwise mistreated for filing a complaint, they are being wrongfully terminated on the grounds of workplace retaliation, which is against federal law. 

What to Do If You’ve Been Fired for Reporting Sexual Assault

Sometimes, an employer will not outright claim that they fired you for reporting sexual assault, as they know that it is illegal to do so. They may instead fire you and claim that it is for a different reason, or they may fire you for no reason at all.

If you fear that you’ve been terminated for reporting the assault, first talk to your supervisor to inquire about the rationale behind your termination, especially if you were never given a reason. They may have a legitimate basis for their actions, with evidence to support their decision, such as a documented history of poor performance starting long before you reported the sexual assault.

If your employer does not have a reason, express your concern that this is a result of workplace retaliation. Your employer will likely deny these claims. You can also voice that this action, and any related action (such as complaints about your work performance), only began after you complained of the harassment. You could then ask that your employer correct the retaliation, such as by re-hiring you.

Building a Case for Wrongful Termination

If your employer refuses to remedy the situation, you will need to gather evidence that there is a link to your termination and your reporting of the harassment. Gather as much evidence as you can. No piece of evidence is insignificant.

Some evidence that you can collect includes:

• Records of your exceptional work history
• Witness statements of those who noticed a change in your treatment at work after you reported the harassment and before your termination
• Any evidence of the harassment itself
• Statements from anyone else who may have suffered similar circumstances

Next, you will want to consult a sexual harassment attorney. They can help you determine what to do next. If you have been fired in retaliation for reporting sexual assault, you may be able to file a claim against your employer to recover damages. An attorney can help you with that process. They can inform you of the likely amount of compensation you can recover, the strength of your case, how you can make it stronger, if necessary, and the laws surrounding your situation.

Remedies for Wrongful Termination

If you have been wrongfully terminated based on retaliation for reporting sexual harassment, you may be entitled to receive compensation for your losses. You may be able to recover:

• Lost wages and benefits. Chances are that your termination resulted in a loss of wages and benefits. You may be able to recover these in your claim.
• Lawyer fees. Your employer may be required to pay your legal fees, including the cost of hiring a lawyer.
• Emotional distress. Any emotional challenges you faced as a result of the entire ordeal could be claimed and recovered through monetary compensation.
• Punitive damages. Punitive damages are less common, as they are strictly ordered in an effort to punish the offender for egregious behavior. However, in some instances, you could claim punitive damages in certain situations.

FAQs

Q: Do Employees in California Have the Right to Report Sexual Harassment?

A: Employees have a right to report harassment in California. Employees in California are protected from harassment. If they are harassed based on their sex, they have a right to report it. They are also protected against retaliation for making such reports. Retaliation can involve demotions, mistreatment, and even termination. In these cases, it is recommended that you consult an attorney.

Q: Can a Manager Be Held Personally Liable for Harassment in California?

A: A manager can be held personally liable for harassment in California. If the manager was a part of the harassment, they can be held liable for their actions. Actions falling under this category include initiating the harassment, participating in the harassment, and encouraging the harassment. In these cases, they are directly accountable for the harassment.

Q: Can an Employer Be Liable for a Manager Sexually Harassing an Employee If It Was Not Reported?

A: Generally, an employer can be held liable if a manager sexually harasses an employee, even if it was not reported. An employer has the duty and obligation to provide a safe and healthy work environment. This is especially true if they knew about the harassment or should have reasonably known, even if it was never reported.

Q: Can I Record My Boss Harassing Me in California?

A: You can record your boss harassing you in California if you have their permission to record conversations between the two of you. California is a two-party consent state. This means that a person may not record another person, visually or audibly, without their knowledge or consent. Unfortunately, even if your boss is harassing you or treating you with hostility, it is illegal to record private conversations, and it cannot be used as evidence against them.

Contact the Fulton Law Corporation

If you have been a victim of sexual harassment and were subsequently fired for reporting it, we understand how difficult the aftermath can be. The Fulton Law Corporation can help. Contact us today for more information.