How Employment Lawyers Prove Retaliation
theideasmithy.com
California employment lawyer Brandon Ortiz explains the methods that employment lawyers use to prove that their clients were terminated for unlawful and retaliatory reasons.
Brandon Ortiz represents employees in wrongful termination, medical whistleblower retaliation, discrimination, retaliation, and harassment lawsuits. To learn more about Brandon, visit www.ortizlawca.com.
More info about retaliation: https://ortizlawca.com/wrongful-termination/
What to do if you are being mistreated at work: https://ortizlawca.com/2021/09/protecting-yourself-from-wrongful-termination/
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I know I'm going to get fired when I come back from disability. I'm just evidence gathering currently.
I love you people
Thanks 👍 Very helpful analysis .
Complained about discrimination 48 hours I fail with over six cameras watching me I slipped in some oil my supervisor HR sent a video to the claim adjuster that wasn’t the slipping fall video but a video of me running in the parking lot to discredit me, but I was on medication and had less than 60 seconds to clock in. I was already in hot water. Was that considered retaliation? The adjuster said he didn’t get the video of the slipping fall just of me running through the parking lot.
Do you do federal cases?
Aren't those just two misdemeanors? 😂
I got fired randomly last week with no warning. I went to my boss (who has never been with me in the office) multiple times asking for more training. There’s were huge gaps in my training and it was becoming a problem. She put pressure on my lead to get me the training. Lead never did the training. I believe she made things up to get me fired for making her look bad essentially. They didn’t have a reason other than not a good fit and not meeting expectations. They tried to fraudulently extend my probationary period so they didn’t need a reason. Well they didn’t properly submit this documentation to me or the union. They have nothing on me and I was doing great. Never pulled aside, written up, no misconduct. Union is going after it: we will see what happens.
I wish you were my attorney.😢
WILL THIS ALSO APPLY IF I REPORTED WORK INJURY
THEN I WAS LAID OFF
Can you recommend any good employment lawyers that fight wrongful termination, retaliation, harassment and defamation after reporting safety concerns in the hospital?
Showed proof to the FBI and they tried to kill me
As if "witnesses" won't lie for their friends.
Sounds like IATSE Local 16 expecting employees to lie under oath
My boss immediately retaliated against me for going through a mental crisis and completely upfront about it and then over the weekend, My work car was hit by someone and they didn't leave their information... I let my boss know about that, And there was no discussion about getting the car checked out through a mechanic until I mentioned that it is needed for my safety and my clients safety.
Immediately he got defensive saying that he would never put me or my clients in a unsafe car and that the brakes were looked into and etc when that was not even related to the recent incident. Monday, I was supposed to see a a therapist I was turned down told I wasn't in the system, I flipped, got sent into a crisis room to talk to a crisis professional. In the same breath of trying to advocate for myself using Gemini to make sure all my texts are professional and direct...
Well he didn't like that because knowing that I wasn't comfortable with a third client, suddenly the third mentally handicap client was going to be added to the roster the following Monday, for me to pick up along with two other clients. I've expressed how unsafe that is just alone. I won't get into all the details on that.
Then at 8:30 at night the same day I got another text from my boss claiming that he just got an email from MART That there's an upcoming audit and that all of us employees have to be retrained even though we just had One training session in person this year already and then two on the computer testing our capabilities and making sure we're doing our job properly which I passed with flying colors. I asked my boss if my other certificate of training would suffice for now and send him a letter through Gemini that they generated specifying that the Ada is protecting me right now and that he cannot just throw this client on me during a mental health crisis. Il THEN today, while I'm at the mechanic shop, he shows up to berate me for 35 minutes. Making me feel crazy for having the car looked at that. He's doing the job that I can see it with my two eyes that the car is being looked at . And it's safe according to the mechanic and throwing that in my face. Isn't it better to be safe than be? Sorry, And how unprofessional is it for him to show up where I'm at knowing what I'm going through and putting me on the spot like that!? I need serious help RN. BTW I live in Massachusetts. This transportation company always had no issue with me up until I started protecting myself and doing things the proper way With text messages formulated through Gemini And also having issues with my mental health. Now my boss is asking me in person should I be forwarding your text messages to a lawyer?? And circling, you know the good cop bad cop crap. Cuz I've worked for them for 5 years so they're doing the OE. We're patient with you in the beginning and we did this for you and that for you like reminding me of all the things that I already appreciate. Literally, I think they're missing the point though
Or they're acting stupid purposely.
I wish I'd known this sooner . . . a lot sooner. At a job in the past, I withstood a great deal
of abuse, unfairness, and retaliation because I thought I lacked recourse. If I'd only known.
What does the law say when you have tried to quit and you keep being abused to continue without payment of services already rendered under threat of blackmail or violence? Yeah out of left field question but roll with it
I began recording my employer when he began verbally attacking me. He was also sexually harassing me. One day I’m going to tell the whole story on my YouTube but as for now we are in the middle of the case. ❤ the recordings have saved my case for sure. The timeline and all is very evident.
You can’t say that it’s common sense because if it was common sense, you wouldn’t need all of this horse and carriage to prove that it happened. These cases be hard 😅.. I’m dealing with one right now. Pro se😩
How about not 🎉following medical protocols . I was injured 2x and neither wete 😮wrote up either one was documented after being being injured 7 hours fired while they kept me on HR While is in and out of consciousness
Timing timing timimg…. Exaggeration for effect but not really…. Indirect evidence that employer delayed 5 months before termination……. To try to not link it……. Your thoughts…. For a future video
I reported my boss and they only proved I'm not perfect.
Dear Dr Ortiz, I hope my message finds you and the team well. Considering the matter in your video content, I would like to know if you either work or can work in the United Kingdom? Thanks. Your videos have been placed in my YT feed so intensively in the last three days... I appreciate its content! 🏛🙏
The ultimate solution here that i see is: how do you become an employer yourself?
I’m the Elizabethan torture survivor Sean Ken. I was placed on disability after having been harmed by over 10,000 people. Feds never showed despite my calls for help. I’m spoken about on the TV and radio. I could wear a handicap pass but the public won’t stop the “prey on” seance. Harming me is never turning me gay. I have celebrity lawsuit potential. Let’s Sue!
I'm just trying to figure out what are they saying that's making jobs do such things I don't understand it's never happened in my past😢 but another place one of the managers came in and would purposely make up so many sandwiches nobody would eat I even said something and people were pointing this out intentionally look at all the ways why is he doing this and I'm wondering if they were using me to blame I am on disability I was working part-time but when I work I give my all but that was just the end I couldn't do it anymore I have tried so hard in so many places and I'm just still again shell shocked at the things that have been going on in this country it's heartbreaking but it's at least nice to not have to had to stay silent for like question that I'm crazy or what I did wrong is went on for yrs and I've learned that many of similar things that have been happening to so many people it's just sad
Wow listening to you is making so much clear through the years I can't tell you when I worked I was such a hard worker and I'm not saying that bragging but I was looked so forward to going back and really tried so hard there was so many times but this just helped me to see why no handbook was giving to me but other employees only why they would only keep me doing one thing I'm wondering if they wrote false things down that we're not true I wanted to do everything and I do work thoroughly I don't waste people's time probably do a bit too much but they would not let me😢 this all these things are revealing so much through The years with so many different situations so it's just interesting invalidating and helpful I'm just shell shocked at the things that go on I never remember in my life things like this ever going on it's just shocking
I recently learned—the HARD way—that Family and Medical Leave act is unenforceable.
About 11/15/2025 at a company wide meeting, HR Director Mary Montano at ABB Installation Products here in Albuquerque informed the workers that going forward, we would no longer have 8 days of paid sick leave per year, but 64 individual hours’ paid sick leave, accrued at the rate of one paid sick hour for every 30 hours worked. She said people were “…taking advantage of it…”. Maybe—but I never did, although I have age-related health problems that caused me to use all 8 days’ sick leave and a few vacation days for followup medical appointments.
On or about 11/24/2025 I fell at a local restaurant, injuring my ribs and right thigh. I went to urgent care to be checked out as my ribs were unendurably painful everytime I changed position or coughed. Because I have experienced broken ribs a few times when I was young, I believed mine were again broken. The first day I was unable to work, I contacted Sedgwick, who handles FMLA records, requesting short term disability documents my physician would have to fill out and sign. Xrays at the time revealed no breaks, and the physician said if I felt better in a week, I could return to work. Guess at 73, I don’t heal as quickly these days--I was in just as much pain days later, and returned suggesting the ER had maybe overlooked a break, as I still had the same stabbing pain whenever I changed position, stood up, turned over in bed or coughed. This time, they performed an MRI. They found no breaks, but said I’d bruised the ribs and wait another week to see how I felt. On December 8, 2025, I returned to work.
On December 11, 2025 I was terminated on a ridiculous trumped up charge in a clear violation of company policy published in the Employees’ Handbook. I believe it was actually in retaliation for my seeking short term disability payment—maybe she didn’t want anyone paid for short term disabilities, either. For the record, I worked at ABB for five years, never was subjected to any disciplinary actions, and my annual evaluations were positive. In fact, I’d been be promoted to tester, with a pay raise.
At that time I had STILL not received the documents requiring the Doctor’s signature—there’s a window of time in which to get the signed docs back to Sedgwick (FMLA), after which any claim would be denied. Still, I didn’t get them. I called several more times, still no documents. Their office is in Kentucky, so I couldn’t have someone pick them up. The deadline of 12/23/2025 was less than a week away. I sought help from our New Mexico Attorney General.
About 10 days later, a packet of documents from FMLA arrived in my home mailbox posted January 3, 2026 with a note to get them back ASAP to consider my claim. Though I’d already been terminated. Within 24 hours, I faxed the signed documents to Kentucky. About two weeks later, I received an email stating my claim was approved, and in a subsequent phone conversation was old that my compensation had been approved. Just under $1500.00.
After another two weeks, I called Kentucky to ask about the funds—life without a paycheck was taking a toll on my resources. Sedgwick said they had sent the funds to ABB. Though no longer employed at ABB, I was certain I was entitled to that compensation because I had been injured while yet employed, and had even already returned to work after convalescing. I sent a text message to Mary inquiring about this matter—Montano never answers phone calls from employees and always preferred text messages. Well she didn’t respond to the text, either.
I visited the Federal Dept of Labor downtown to complain about ABB withholding my pay. There, I was informed that the FMLA has no enforcement capability. The people there were sympathetic, but said they couldn’t help me.
I don’t know what to do…
So 3 months back I got terminated due to “performance” with no write ups or written warnings only verbal and my reviews say I was satisfactory or on par for my job. so all I have for evidence are pictures of projects or things I built and finished with a few text or calls of him giving and asking me to do stuff. My work stopped my email and instant message app that has evidence of me telling my boss task are complete but my timeline isn’t accurate because I can’t remember dates but my old boss has everything on their end of the computer. Any way I could win or have a case ? My work cameras can show I was performing if that helps ?
They use their power to destroy people. Just cause employment should be the standard in the united states
Should be just cause employment. They have too much power to destroy people!
got this in a termination email. After careful consideration, we determined that we do not have the necessary confidence in your ability to effectively communicate, represent the company to clients, and meet the professional standards required for this role. This decision is based on the following:
Communication issues that created confusion regarding duties and expectations
Client concerns regarding presentation
Barely meeting the minimum firearms qualification standard
Reporting 15 minutes late to your first scheduled shift
Overall professionalism concerns during your probationary period
This decision is not a reprisal or retaliatory action related to your wage inquiry. You remain within your 90-day probationary period, and employment with *Employer name* is at-will.
Your so correct
I filed work comp injury they ask for my tools they provide not just one time 3 times
Can you guide me to an attorney that represent government employees?
Can you recommend an attorney for my son in Oregon? We have already filed a complaint with the labor board. But they are six months back logged. But my son was literally terminated for no reason given. And had never been written up all of his reviews have been great and followed with a raise. He was there for five years. That day was extremely hostile as was the entire five years he was there. His employee file was flagged for no reason given. But that’s as far as it went.
Edit: this was retaliation for sure. And also a quick way to promote his son. The slander my son is hearing is insane. There is also payroll fraud no one in HR seems to want to look into. And so much more.
And how this company is denying his unemployment. It never ends.
—I Was Fired For That 😅 8:28 Long Story Involving A Dirty Earbud & A Trash Bin 🗑️😌 & Racist Dad Jokes