If I report sexual harassment and am fired, can I sue for wrongful termination?

Hi Ellen,

Thank you for your question. It sounds like you might have been wrongfully terminated. But the biggest question in these kinds of cases is whether you have enough evidence to support your case. Do you have witnesses or written evidence concerning the motivations for your firing?

As I’m sure you know, California law prohibits harassment on the basis of a person’s sex in the workplace. And, if an employer finds out about it, they are legally required to take all reasonable steps to prevent additional harassment from occurring. (Gov. Code, § 12940, subd. (j).)

Given this, California law has adopted a policy that protects employees who report unlawful behavior. So, employers are prohibited from firing or punishing employees who complain about, report, or otherwise oppose unlawful discrimination or harassment. (Gov. Code, § 12940, subd. (h).)

This means that, in the context of your situation, you cannot be fired for reporting or complaining about a case of unlawful workplace sexual harassment. If your employer was substantially motivated by such a complaint when they fired you, they committed wrongful termination.

But, as I mentioned earlier, the big question is whether you’ll be able to prove it in court. The best way to find out would be to contact an employment lawyer to review the specific facts and evidence in your case. That kind of review goes beyond the scope of this public Q&A section.

If you would like to learn more about California’s wrongful termination laws, please read our article: Wrongful Termination Law in California.

Anyway, I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.

I wish you the best of luck in your situation!