Can I be fired after filing a complaint against my boss?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 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.
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