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Is my employer allowed to fire me for complaining about discrimination or harassment at work?

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415.925.5161

Is my employer allowed to fire me for complaining about discrimination or harassment at work?

No, it is unlawful for employers to fire workers for complaining about workplace discrimination or harassment. Reporting discrimination or harassment at work is a protected activity under the law. An employer may not fire or otherwise punish an employee for exercising their rights.

While retaliation for making a report of discrimination or harassment is illegal, you should take steps to protect yourself if an unethical employer retaliates against you. Be sure you report discrimination or harassment in writing and keep a copy. Email or text message is a good way to do this. If there are witnesses, see if they will come forward to support you. Be sure to have the names and contact information of any witnesses written down. Take good notes about the situation, including the dates of any discrimination or harassment, what happened, who said what and who witnessed it. Keep copies of any relevant complaints or evidence in your possession, as opposed to just leaving copies at work.

Employers are responsible for addressing discrimination or harassment once it is brought to their attention. If they fail to investigate the matter, or the offensive behavior does not stop, you may have a claim against them.

If you were fired in retaliation for reporting discrimination or harassment, you may be able to file a wrongful termination lawsuit to hold your employer accountable. The experienced employment lawyers at McCormack Law Firm can help you determine whether you have grounds for legal action.

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Client testimonials

I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.

Roger J.

This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.

Shanic M.

I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.

Ebi Z.

I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.

Peter S.

I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.

Husain N.

I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.

Kyle B.