Violation of Public Policy

Employees should not be punished for refusing to engage in illegal activities, reporting misconduct, or exercising their legal rights. If you believe you have been wrongfully terminated or retaliated against for reasons that violate public policy, you may have grounds for a lawsuit. 

Cause of Action for Violation of Public Policy

A cause of action for violation of public policy arises when an employee is terminated, demoted, or subjected to other forms of retaliation for engaging in a protected activity or refusing to participate in unlawful conduct. To successfully bring this type of claim in California, an employee typically needs to prove the following elements:

Employment relationship

The employee must have been working for the employer, whether full-time, part-time, or under some other arrangement.

Termination or Adverse Action

The employee must have been terminated, constructively discharged (forced to resign due to intolerable conditions), or subjected to another form of adverse employment action such as demotion, pay cuts, or negative performance reviews.

Violation of Public Policy

The termination or retaliation must be connected to a violation of a clearly established public policy. This public policy is usually rooted in constitutional provisions, statutory laws, or administrative regulations.

Causal Link

The employee must demonstrate that their engagement in protected activity or refusal to engage in illegal conduct was the motivating factor behind the employer’s adverse action.

A successful claim for violation of public policy can result in remedies such as reinstatement, back pay, compensation for emotional distress, and even punitive damages.

What Reasons Violate Fundamental Public Policies Under California Law?

Under California law, several reasons for termination or retaliation can give rise to a claim for violation of public policy. These reasons are grounded in the state’s statutes, regulations, and constitutional provisions and generally fall into the following categories:

Retaliation for Exercising Legal Rights

Employees are protected when they exercise their legal rights, such as:

• Filing a workers’ compensation claim: If an employee is injured on the job, they have the right to file a workers’ compensation claim without fear of retaliation. 
• Taking family or medical leave: Under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), employees are entitled to take time off for specific family or medical reasons. An employer cannot retaliate against an employee for taking this protected leave.
• Reporting workplace safety violations: Employees who report unsafe working conditions or violations of health and safety regulations to the Occupational Safety and Health Administration (OSHA) are protected from retaliation.
• Reporting wage and hour violations: Employees have the right to report unpaid wages, overtime violations, or other wage-related infractions without fear of retaliation.

Refusal to Participate in Unlawful Activities

If an employer asks an employee to engage in illegal activity, and the employee refuses, the employer cannot legally retaliate. For example:

• If an employer instructs an employee to falsify records or engage in other forms of fraud, and the employee refuses.
• If an employer directs an employee to participate in discriminatory practices based on race, gender, age, or other protected characteristics, and the employee refuses. 

Whistleblower Protection

California law protects employees who report misconduct or illegal activities either internally or to outside authorities. Specific protections are in place for employees who report:

• Fraud against the government: Employees who report fraud, waste, or abuse involving government contracts or funds are protected under whistleblower statutes, including the False Claims Act.
• Environmental violations: Employees who report violations of environmental laws, such as improper disposal of hazardous materials, are protected from retaliation under California’s environmental protection statutes.
• Corporate wrongdoing: Employees who disclose unlawful corporate activities, including securities fraud or financial mismanagement, are similarly protected.

Discrimination and Harassment

Public policy prohibits discrimination or harassment based on characteristics such as race, gender, religion, national origin, age, disability, and sexual orientation. Retaliation for opposing or reporting such discrimination or harassment is considered a violation of public policy. For example:

• If an employee reports sexual harassment and is subsequently fired or disciplined as a result.
• Employees who refuse to comply with discriminatory practices, such as denying services to customers based on race, are protected from retaliation.

Refusing to Work in Unsafe Conditions

If an employee refuses to perform a task that violates OSHA standards or other safety regulations, the employer cannot retaliate. 

Union Activity

Employees are also protected when they engage in union activities, including organizing, striking, or union meetings. Under the National Labor Relations Act (NLRA), it is illegal for employers to retaliate against employees for union-related activities.

How Can an Attorney Help?

Navigating a wrongful termination or retaliation claim based on a violation of public policy can be legally complex. Here are some ways an experienced wrongful termination lawyer in Orange County can help:

Evaluating the Case

A lawyer can evaluate the details of the retaliation or your termination to determine whether it violates public policy. They can review relevant documentation, such as termination letters, performance reviews, emails, and witness statements, and then advise you on the best course of action.

Identifying the Public Policy Violation

Public policy violations must be rooted in law, regulations, or constitutional provisions. An attorney will identify which laws or public policies were violated by the employer’s actions.

Filing a Claim or Lawsuit

An employment attorney can help you file a wrongful termination or retaliation claim with government agencies, such as the California Civil Rights Department or the Equal Employment Opportunity Commission (EEOC). They will ensure that all necessary paperwork is filed correctly and that deadlines are met. If the case requires litigation, an attorney can file a lawsuit in state or federal court.

Negotiating a Settlement

Many employment disputes are resolved through negotiation. A skilled lawyer can represent you in settlement negotiations, aiming to secure compensation for lost wages, benefits, emotional distress, and punitive damages. They will ensure that any settlement is fair and protects your interests.

Trial Representation 

If a settlement cannot be reached, an attorney will represent you in court. They will present the case, fiercely argue on your behalf, and work to secure a favorable outcome. Litigation can be complex and intimidating, but having an experienced attorney can give you peace of mind and significantly improve your chances of success.