Can I be fired after filing a complaint against my boss?

UPDATED: Aug 6, 2012

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Can I be fired after filing a complaint against my boss?

I filed a complaint against my boss who made some discriminatory remarks about my religion and declined my request to accommodate my religious beliefs. I was fired abruptly 2 business days before I could make 90 days with the company. He says he was letting me go due to my performance which he never said there was a problem with my performance prior. It was a private college and my job was to enroll students. I had 5 enrollments and was fired on Thursday afternoon. He said that I needed 6 by monday and he didnt think I could do it. Never got a notice, warning or anything (at will employer).

Asked on August 6, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your complaint was about religious discrimination or harassment, then no, you should be fired for making the complaint. Even if your employer claims that the reason for termination was performance, if there is no evidence that there was a legitimate issue, the termination may be illegal retaliation--the law looks to what really happened, not what the employer says happened, in determining this. From what you write, you should contact the federal EEOC or your state equal/civil rights division about filing a complaint, and/or consult with an employment law attorney about your options.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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