Q: Should I consider taking legal action against my old employer?
I (32M with ADHD, Autism, and Bipolar Disorder) submitted a 7 page formal complaint with evidence to HR about my boss’s behavior toward me that was causing me a lot of emotional and mental distress from being in an extremely toxic work environment last month. I was told they would investigate. Two days ago, they asked me to come into their office to clarify some things and asked me to provide an accommodation letter for my disabilities from a doctor. Today I was let go for “insubordination” and given examples of things I did not do. I had also inquired about bereavement leave as my grandfather is on a ventilator in the hospital and they lead with “Sorry for your loss, but we will be taking this opportunity to let you go” during the Zoom call.
A:
California is an at-will employment state, which means that employers can generally terminate employees for any reason or no reason at all, as long as the reason is not illegal. However, California law prohibits employers from retaliating against employees who complain about discrimination, harassment, or other unlawful conduct in the workplace. Retaliation can take many forms, including termination, demotion, or other adverse actions that are taken against an employee in response to their protected activity.
If you believe that your employer terminated your employment in retaliation for your complaint about your boss's behavior or because of your disabilities, you may have grounds for a legal claim. You may want to consult with an employment law attorney who can help you understand your legal options and advise you on whether it makes sense to pursue legal action.
Keep in mind that there are strict deadlines for filing claims in California, so it is important to act quickly if you are considering legal action.
A:
I am sorry this happened to you. You may have a meritorious claim for wrongful termination and discrimination. But more information would need to be known in order to fully evaluate your case.
I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.
Sincerely,
Maya L. Serkova
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