Experiencing sexual abuse or harassment is a deeply traumatic event in any setting, including when it happens at your place of employment.
Finding the courage to report this violation, only to face termination from your job, adds an overwhelming layer of betrayal and injustice. It is a devastating situation, and it is completely understandable to feel lost, angry, and uncertain about your future.
If this has happened to you, we want to assure you that what you have experienced is not only morally wrong, but it is also illegal. You have the right to take legal action against such wrongful termination.
In California, the law provides strong protections for employees who report illegal activities, including sexual harassment and abuse. Your employer cannot legally fire you in retaliation for coming forward.
This means you may have grounds for a civil claim against your employer for wrongful termination in addition to any claims you may have against the individual who harmed you.
Key Takeaways
- Sexual abuse constitutes a form of gender discrimination involving unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature.
- For conduct to qualify as sexual abuse, it must be so severe, frequent, or pervasive that it renders the working environment objectively intolerable.
- If you have been a good employee and are fired soon after reporting sexual abuse, contact a California sex abuse attorney right away.
- Reporting sexual abuse at work carries real risks, besides the possibility of getting fired, but you can take precautions beforehand to safeguard yourself. You should only report the sexual abuse after you are thoroughly prepared and well-informed.
- When deciding whether and when to report sexual abuse, the key is to evaluate what is best for your specific circumstances.
- Quitting your job significantly diminishes your bargaining power to negotiate favorable departure terms and lessens any potential legal claims you could have pursued.
- Most large employers have written policies prohibiting workplace harassment, which also outline procedures for employees to report sexual harassment.
California's Wrongful Termination Laws
California is an 'at-will' employment state, which generally means that an employer can terminate an employee for any reason, or no reason at all, as long as the termination is not based on an illegal reason.
However, retaliating against an employee for reporting sexual abuse or harassment is an explicitly illegal reason for termination, and the law protects you in this situation. The key laws that protect you in this situation are:
- The Fair Employment and Housing Act (FEHA): Under FEHA, it is unlawful for an employer to fire, demote, reduce pay, or take any other adverse employment action against an employee because they reported, opposed, or participated in an investigation of sexual harassment. Reporting the incident is considered a 'protected activity,' and your employer is barred from penalizing you for it.
- Public Policy Exception to At-Will Employment: Even in an at-will state like California, employers cannot fire an employee for a reason that violates fundamental public policy. Protecting the safety and dignity of workers by encouraging the reporting of illegal acts like sexual abuse is a cornerstone of public policy. Firing you for doing so constitutes wrongful termination in violation of public policy, providing grounds for a lawsuit.
These laws are in place to ensure that employees feel safe to come forward without fear of losing their livelihood. When an employer violates these protections, they must be held accountable.
HR Exists to Protect the Company
Many HR professionals genuinely support employees reporting sex abuse or harassment and strive to maintain a harassment-free workplace.
Their support can be a source of strength and reassurance during this difficult time.
However, when you file a sexual abuse complaint against your supervisor by informing HR, the company will eventually have to choose whether to side with you or with the accused supervisor.
Upon receiving your complaint, HR will probably conduct an investigation, either internally or through an external party. You, the accused, and relevant witnesses will be interviewed.
If harassment included emails or texts, HR should collect and review those messages. If company management opts to support the accused supervisor, then they will instruct HR to take the lead in defending against your allegations.
What Damages Can You Claim?
If you were fired after reporting sexual abuse, you can seek justice and financial compensation through a civil lawsuit. The damages you can claim are intended to compensate you for the various losses you have suffered as a result of both the wrongful termination and the underlying abuse.
Your claim can address two distinct wrongs: the employer's retaliation and their potential role in allowing the abuse to occur. Damages for wrongful termination may include:
- Lost Wages and Benefits: This covers the income, insurance, retirement contributions, and other benefits you have lost since being fired.
- Future Lost Earnings: If the termination has impacted your ability to find comparable employment, you can claim compensation for future lost income.
- Emotional Distress: The trauma of being fired for doing the right thing can cause significant anxiety, depression, and mental anguish. You can be compensated for this suffering.
- Punitive Damages: In cases where an employer's conduct was particularly malicious or oppressive, a court may award punitive damages. These are intended to punish the employer and deter similar behavior in the future.
Furthermore, your employer may also be held liable for the sexual abuse itself, especially if the company's negligence created an environment where the abuse could happen. This could involve failing to conduct thorough background checks, negligent hiring practices, ignoring prior complaints, or lacking proper policies and training to prevent harassment.
How a Sexual Abuse Attorney Can Help
Consulting a California sexual abuse attorney who is experienced in wrongful termination cases can provide critical support and expert guidance during this time. You don't have to navigate this complex legal process alone. At the Injury Justice Law Firm, our attorneys can help you by:
- Evaluating Your Case: We will carefully review the facts of your situation, including the timeline of the report and your termination, to build a strong claim.
- Gathering Evidence: Your lawyer will work to collect all necessary evidence, such as emails, internal communications, witness statements, and employment records, to prove that your firing was retaliatory.
- Handling All Legal Procedures: From filing the complaint to negotiating with your former employer's attorneys, we will manage every aspect of the legal process, allowing you to focus on your well-being.
- Fighting for Maximum Compensation: We understand the full scope of damages available and will advocate tirelessly to ensure you receive the justice and compensation you deserve for all the harm you have endured.
For more information, contact our California sexual abuse lawyers at the Injury Justice Law Firm in Los Angeles, CA.
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