Reporting your boss to Human Resources (HR) can feel like walking a tightrope, especially for serious allegations like harassment, discrimination, retaliation, and wage theft. Many employees justifiably fear backlash for going against someone in a position of power and it leaves workers wondering if they can be fired for reporting their boss to HR.
While employers can’t lawfully fire their workers for reporting them to HR, they can retaliate in ways that make workers feel powerless. By understanding their rights, employees can take proper measures to protect their job.
Understanding Retaliation Under California Law
California has some of the strongest employee protections in the country, particularly when it comes to workplace retaliation. Under California Labor Code 1102.5, it is unlawful for an employer to retaliate against an employee who reports a violation of state or federal law, or noncompliance with a local, state, or federal rule or regulation. Whether a worker reported misconduct internally (to HR or their supervisor) or externally (to a government agency), the law protects them from workplace retaliation.
In addition, under California’s Fair Employment and Housing Act (FEHA), workers are protected when they report sexual harassment, racial discrimination, disability or age discrimination, and retaliation for medical leave or pregnancy. FEHA prohibits employers from firing or retaliating against anyone who reports harassment or discrimination even if the complaint is against a supervisor or manager.
Common Forms of Retaliation
Due to the number of laws that prohibit workplace retaliation, employers can’t fire workers who report them to HR, but they may resort to other means such as any of the following:
- Demotion
- Reduction in hours
- Unwarranted discipline
- Hostile work environment
- Exclusion from meetings or opportunities
- Poor performance reviews not based on actual work
If any actions like that have occurred in the workplace, especially after an employee reported their supervisor/employer to HR, they may have grounds to file a retaliation claim. However, due to the nature of retaliation claims, it requires substantial evidence to prove and employees will need to be meticulous to ensure they have the grounds to file a claim.
Can An Employer Claim It Was a “Legitimate” Firing?
If an employer terminated the employee who reported them, they can claim that the termination was legitimate due to performance issues, violation of company policy, or if the position was eliminated due to business reasons.
While California is an “at-will” state, local courts and employment attorneys will look at the timing and context of the termination. If the termination was shortly after the worker reported their boss, or if the employer’s reasoning seems suspicious, it could point to retaliation.
What If HR Doesn’t Take My Complaint Seriously?
Unfortunately, some HR departments prioritize the company’s interests over the employees’. If HR dismisses a worker’s complaint, fails to investigate, or leaks an employee’s identity, it could also be grounds for a legal claim, especially if it leads to retaliation. Hiring an employment attorney can give workers legal options on how to move forward, but it is vital that they take appropriate steps and measures to protect themselves.
Workers should document everything in relation to the incident and follow internal procedures to ensure complaints are officially filed and the company attempted to resolve the issue internally.
Additionally, due to California’s status as an “at-will” employment state, employees should try their best to not give their employers a “real” reason for termination. However, if workers sense retaliation, it is recommended to consult with an employment attorney immediately.
Contact Lawyers for Justice, P.C. Today
In California, workers cannot be lawfully fired for reporting their boss to HR, especially if the complaint involves protected conduct. Real-world retaliation does happen and if it does, employees should contact a California employment law firm to get justice.
Lawyers for Justice, P.C. is a top-rated employment law firm dedicated to helping workers get the justice and compensation they rightfully deserve. With decades of experience and a proven track record of success, the legal team can give their clients the legal guidance and support they need.
Call 818-JUSTICE or by filling out the online contact form today for a free consultation!