Stockton, CA asked in Employment Law and Appeals / Appellate Law for California

Q: Hello, If my old coworker becomes my witness against their employer who im going against will it affect their job/fired?

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it's illegal for employers to retaliate against employees for participating in a legal proceeding against the employer.

If your old coworker testifies as a witness on your behalf, and subsequently faces adverse employment actions, it may be considered retaliation. California's labor laws protect employees against such actions, and employers who retaliate can face legal consequences. If your coworker believes they are being retaliated against due to their participation in your case, they should document all relevant incidents and may consider seeking legal advice.

Retaliation claims can be complex, so understanding one's rights and available remedies is crucial. Remember, ensuring open communication and understanding potential risks is vital when asking someone to be a witness.

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