{"id":357802,"date":"2016-04-04T10:45:29","date_gmt":"2016-04-04T15:45:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/losing-a-job\/retaliation-and-wrongful-termination.html"},"modified":"2024-03-28T08:24:15","modified_gmt":"2024-03-28T13:24:15","slug":"retaliation-and-wrongful-termination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/losing-a-job\/retaliation-and-wrongful-termination.html","title":{"rendered":"Retaliation and Wrongful Termination"},"content":{"rendered":"\n
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Retaliation and Wrongful Termination<\/h1>\n
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\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Because most employment is at-will<\/a>, an employer can legally fire a worker for many different reasons. But taking adverse action against a worker engaged in protected activities<\/a> can make an employer liable for unlawful retaliation<\/a> and wrongful termination<\/a>.<\/p>\r\n

The U.S. Equal Employment Opportunity Commission (EEOC) investigates workplace discrimination charges. Retaliation claims are among the leading charges<\/a> handled by the federal agency. In 2022, the accusations constituted 51.6% of all EEOC charges.<\/p>\r\n

Other government agencies also investigate retaliation. One example is the U.S. Occupational Safety and Health Administration (OSHA). They investigate whistleblower retaliation claims under more than 20 federal laws.<\/p>\r\n

See FindLaw’s Wrongful Termination<\/a> section for more articles.<\/p>\r\n

Protected Activities<\/h2>\r\n

An employer may not terminate or otherwise take adverse action against workers who engage in activities protected by law. This ensures that you can engage in certain activities without fear of retaliation or discrimination. Protected activity is generally spelled out in state and federal laws. But courts also play a role in defining which activities are legally protected from employer reprisals.<\/p>\r\n

In general, there are three categories of protected activities:<\/p>\r\n

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  1. Reporting unlawful or potentially unlawful behavior (whistleblowing)<\/li>\r\n
  2. Asserting your legal rights as an employee<\/li>\r\n
  3. Participating in an investigation<\/li>\r\n<\/ol>\r\n

    Specific examples of protected activities include:<\/p>\r\n