Wrongful Termination in Violation of Public Policy

California is an “at-will” employment state, meaning that employers generally have the right to terminate employees for any legal reason or even for no reason at all. However, there are important exceptions to this rule, and one of the most significant is the principle of “wrongful termination in violation of public policy.” At KAASS LAW, we are dedicated to protecting the rights of employees and ensuring that they are not unjustly dismissed from their jobs. The following will explore the concept of wrongful termination in violation of public policy in California. Furthermore, we will be explaining the legal basis for such claims, common scenarios, and how we can help.

What is Wrongful Termination in Violation of a Public Policy?

Wrongful termination in violation of public policy happens when an employer fires an employee for performing a legal obligation or exercising a legal right, and the obligation or right is related to important public policy.

California law prohibits employers from firing their employees in case that discharge would be in violation of public policy. This is true even though California is an at-will employment state. To add, employers have the right to terminate employment relationships at any time without reason.

Specifically, the employee can sue the employer for wrongful termination in case the employer has fired him for:

• Refusing to violate a statute
• Exercising a statutory right or privilege (attempting or organizing a union, engaging in political activities, etc.)
• Performing a legal duty (taking time off to serve on a jury, serving as a witness in court, taking time off for military service, etc.)
• Reporting a violation of a public or statute importance

Elements of Wrongful Termination in Violation of a Public Policy

According to CACI 2430, the plaintiff must be able to establish the following elements to prove the claim of wrongful termination in violation of a public policy.

• The plaintiff was in employment by the defendant.
• The defendant discharged the plaintiff.
• Termination was the main reason that was against the public policy.
• Plaintiff sustained harm.
• Discharge was a substantial factor in causing harm to the plaintiff.

One important thing the plaintiff must prove is that there is a clear causal connection between his termination and the employer’s public policy violation.

Reporting a Violation of Law

The most common lawsuits over wrongful discharge in violation of public policy involve situations when employees are terminated for reporting illegal conduct that the employer has engaged in.

This protected by law activity is called “whistleblowing.” Federal laws protect employees who speak up about the employer who violates the law. By witnessing the questionable behavior of the employer, whistleblowing employees have immunity against termination and retaliation after reporting the employer to law enforcement. Employees have a right to sue the employer in case they are terminated because of whistleblowing.

Here are some federal and California laws that provide support for employees who want to protect their rights after being fired for whistleblower activities. These include:

• California’s Fair Employment and Housing Act
• The whistleblower provisions of the Sarbanes-Oxley Act of 2002
• The “qui tam” section of the California False Claims Act.

Damages That Victims Can Recover Wrongful Termination in Violation of Public Policy

An employee wrongfully terminated in violation of public policy may recover the following damages:

• Restoring to the previous employment position
• Paying lost wages
• Lost benefits
• Attorney Fees
• Making necessary changes to employee handbooks and policies
• Emotional Distress

Statute of Limitations for Bringing a Lawsuit Against the Employer

In most cases, the deadline for filing a lawsuit against the employer for wrongful termination in violation of public policy in California is two years from the date of the termination.

However, responses to certain kinds of illegal termination have shorter deadlines for filing a complaint or suit. For example, if the employment relationship is terminated in retaliation for complaining about harassment or discrimination at the workplace, the plaintiff must file a complaint within one year.

KAASS LAW: Protecting Your Employment Rights

Wrongful termination cases can be complex and challenging, requiring a thorough understanding of employment law. Gathering evidence isn’t easy. At KAASS LAW, we have extensive experience representing employees who are victims of wrongful termination. We can help you:

• Evaluate your case: We’ll carefully review the circumstances of your termination to determine if you have a valid claim for wrongful termination in violation of public policy.
• Gather evidence: We’ll help you gather the necessary evidence to support your claim, including witness statements, documents, and expert testimony.
• Negotiate with your employer: We’ll negotiate with your employer to seek a favorable settlement, including reinstatement, back pay, and other remedies.
• Litigate your case: If necessary, we’ll take your case to trial and fight vigorously to protect your rights and secure the compensation you deserve.

Don’t Let Your Rights Be Violated

If you believe you’ve been wrongfully terminated, don’t hesitate to contact KAASS LAW for a consultation. We’ll listen to your story, answer your questions, and explain your legal options. We’re dedicated to helping employees fight back against unlawful termination and protect their livelihoods. Additionally, if you believe you’re a victim of wrongful termination, post work injury, give us a call!