Wrongful Termination in Violation of Public Policy

Wrongful Termination - Public Policy Violation

While an employer has the right to fire an at-will employee for a good reason, for no reason, or even for an arbitrary or irrational reason, the employer may not terminate the employee for an unlawful reason or a purpose that contravenes fundamental public policy. Employees have a wrongful termination cause of action against employers who fire them for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn. When such an employment termination occurs, the nature of the employee’s relationship with the employer, whether at will or contractual, is essentially irrelevant. What is vindicated through the cause of action is not the terms or promises arising out of the particular employment relationship involved, but rather the public interest in not permitting employers to impose as a condition of employment a requirement that an employee act in a manner contrary to fundamental public policy. 

In a wrongful termination in violation of public policy action, the public policy must involve a subject which affects the public at large rather than a purely personal or proprietary interest of the employee or company. The policy at issue in the legal battle must also be fundamental, substantial and well established at the time of discharge. Courts in wrongful discharge actions may not declare public policy without a basis in either constitutional or statutory provisions. The public policy exception to the general at-will employment termination rules in California are carefully tethered to fundamental policies which are delineated in constitutional and statutory provisions. Taken together, the public policy exception to wrongful termination of at-will employees strikes a proper balance among the interests of employers, employees, and the public in general. The company is bound, at a minimum, to know the fundamental public policies of the state and nation as expressed in their constitutions and statutes; so limited, the public policy exception presents no impediment to employers that operate within the bounds of law. 

Employees are protected against employer actions that contravene fundamental state policy. And society’s interests are served through a more stable job market, in which its most important policies are safeguarded. In addition to statutes and constitutional provisions, valid administrative regulations may also serve as a source of fundamental public policy that impacts on an employer’s right to discharge employees when such regulations implement fundamental public policy found in their enabling statutes. An employment relationship where hiring of the employee is conditioned on acceptance of statutorily proscribed terms is not acceptable to courts in California usually. 

Moreover, it has potential for bringing serious mischief to the employment sector. Courts cannot expect workers generally to be cognizant of their employee rights and wrongful termination laws in violation of public policy. Courts tend to reject the concept that a worker, compelled by economic necessity to secure employment, can be thus coerced into signing sweeping agreements to not compete with their employers upon leaving the employment in the uninformed hope the agreement will not be enforced by the courts. Companies that fire employees for refusing to sign such agreements may be liable to the employee for wrongful termination in violation of public policy.

Gender Discrimination Laws

Under Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to discriminate against any employee with respect to his or her compensation, terms of employment, work conditions, or privileges of employment, based on the employee’s gender. Importantly, sexual harassment in the form of a hostile work environment constitutes sex discrimination.

To prevail on a gender discrimination claim lawsuit, the employee must establish that there was a pattern of ongoing and persistent gender discrimination that was severe enough to alter the conditions of employment. To satisfy this requirement, the employee must prove that his or her workplace was both objectively and subjectively offensive to the extent that a reasonable person in the employee’s shoes would find it to be hostile or abusive. In addition, the employee is required to demonstrate that the gender discrimination took place because of the employees sex.

In employment discrimination lawsuits, some courts ask the following questions to determine whether an employer is guilty of gender discrimination:

1. Was the employee subjected to verbal or physical conduct that amounted to harassment in the workplace?
2. Was the harassing conduct unwelcome?
3. Was the gender discrimination sufficiently severe or pervasive to alter the conditions of employment and create a hostile work environment?

To answer these questions about whether an employer is guilty of gender discrimination under Title VII of the Civil Rights Act of 1964, courts usually look at the following circumstances:

• The frequency of the discrimination based on gender
• The severity of the sex discrimination
• Was the employer’s conduct physically threatening or humiliating, or a mere offensive utterance or trivial?
• Did the sex discrimination unreasonably interferes with an employee’s work performance? 
• As a general matter, playful teasing and isolated incidents, will not amount to gender discrimination.

CALL 800-568-8020 FOR A FREE GENDER DISCRIMINATION CONSULTATION 

At Blumenthal, Nordrehaug & Bhowmik, our gender discrimination lawyers understand how hard it can be when companies single employees out based on their sex or gender. Not only is gender discrimination in the workplace immoral, but it is also illegal and the law is on your side if your company has committed acts of gender discrimination or otherwise created a hostile work environment for you.  Contact our sex discrimination attorneys in California for a free consultation about your employee rights with respect to discrimination in the workplace.

Reverse Discrimination in the Workplace

Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) prohibit the firing of “any individual” because of such individual’s race. The racial discrimination laws are not limited to discrimination against members of any particular race. Rather than the federal employment laws and California labor laws being limited to discrimination against members of a particular race, the laws are extended to prohibit racial discrimination in private employment against white persons upon same standards as racial discrimination against nonwhites. 

DISCRIMINATION AGAINST CAUCASIANS IN THE WORKPLACE

In one employment discrimination laws, white employees who were fired alleged racial discrimination based on the employer’s failure to discharge African American employees who had engaged in similar ,misconduct. The Court found that the white employees met their burden under the Fair Employment and Housing Act and Title VII of the Civil Rights Act by alleging that the union did not satisfy its duty properly to represent the white employees. Instead of adequately representing the employees reverse discrimination interests, the employees alleged that the union joined in on the employer’s alleged racial discrimination against them.

REVERSE DISCRIMINATION LAWYERS IN SAN DIEGO AND SAN FRANCISCO

If you think that you may have been wrongfully terminated or denied a job opening based on reverse discrimination, contact an employment lawyer at Blumenthal, Nordrehaug & Bhowmik. Our reverse discrimination lawyers know how to aggressively represent victims of discrimination in the workplace. We offer employees free consultations about their employee rights and take qualified reverse discrimination lawsuits on a contingency fee basis, meaning employees don’t pay our labor lawyers unless we recover money for them.

California Employment Lawyer

Our California employment lawyers understand that companies violate employee rights and leave workers feeling like they have no where to turn for help. Employees throughout the state of California - from Los Angeles to San Francisco - have been relying on our employment law firm for over 30 years in lawsuits involving illegal employment law practices such as wrongful termination laws, discrimination laws, retaliation laws, overtime pay laws and many other types of Labor Code violations.

In the process of helping employees fight back against illegal employer practices, our California employment attorneys have obtained over $1.3 billion in settlements and judgements for workers throughout the state. Our employment lawyers take cases for employees only and work on a contingency fee basis, meaning employees never pay our attorneys a dollar unless we win money for you. Most importantly, we have helped millions of workers throughout California get back on their feet through individual and class action lawsuits.

3 Secrets About Hiring California Employment Lawyers

There are three important things that employees must consider before hiring a California employment attorney. First, the employee needs to understand how the law firm makes its money. On the one hand, an employee with resources and money may want to hire an hourly employment lawyer. On the other hand, an employee who lacks resources and wants to sue a big company for employment law violations may want to hire a contingency fee lawyer. The benefit of hiring a contingency fee employment lawyer is that the lawyers don’t make money unless the employee makes money and the attorneys are motivated to spend time and effort on the lawsuit.

The second important factor involves location. For example, employees may want to make sure that the California employment law firm they are hiring has a specific attorney in the same city as the employee who will be the lead attorney in the lawsuit. This allows employees to visit with the California employment lawyer in person for a free consultation and for the actual process of the litigation. While most matters can usually be handled over the phone, sometimes employees prefer to actually have a sit down meeting with their employment law attorneys.

The third important thing that employees must consider before hiring an employer lawyer in California is whether or not the firm has a good reputation. In litigation, there are never any guarantees of course. However, as a general rule, history tends to repeat itself and there is no special exception when it comes to hiring California employment lawyers. Employees may therefore want to review the employment law firms record of settlements and judgments to see if the firm has won any big cases. An employee may also want to read reviews about the California employment lawyers to assess whether the firm is known for providing its clients with excellent customer care.

California Lawyers for Advice About Union Activity

Union Organizing & Collective Bargaining

The rate of membership in labor unions has never been lower in the private sector workforce than it is today, but employees throughout California are showing renewed interest in labor organizing in order to realize the benefits of collective bargaining and union grievance processes. While state and federal law provide valuable tools for protecting workplace rights, a union contract usually represents even more powerful protection against low pay, long hours and unfair treatment on the job.

Call 800-568-8020 for Legal Advice About Your Right to Form or Join a Union

If you need legal advice about your right to organize a union, the fair conduct of labor campaigns and elections, or the ways to prevent and remedy unfair labor practices on the part of your company, contact the California labor attorneys at Blumenthal, Nordrehaug & Bhowmik.

We advise clients throughout the state who need advice about union organizing and activity. Some of the services we offer include:

• Helping you and your fellow employees negotiate better schedules, work hours, and working conditions
• Defining a collective bargaining unit, or the employee group the union will represent
• Identifying unfair or unlawful employer opposition tactics
• Union election campaigns
• Protection from employer retaliation for union organizing activity
• Protection from unfair labor practices or union-busting tactics

Our lawyers can advise individuals or employee groups at any stage of the union organization or formation process anywhere in California, including Sacramento, San Francisco, Oakland, Silicon Valley, the Central Valley, Los Angeles, Orange County, the Inland Empire or San Diego.

For some purposes, you don’t even need a functioning union to have collective workplace rights. For example, if the employer proposes a shift to a 10-hour, four-day week, the employees have the right to vote on it whether or not you’re represented by the union. Companies cannot impose an alternative workweek schedule without a two-thirds majority vote, properly conducted, of the employees who will be affected.

To find out more about the scope of our practice on behalf of employee groups throughout the state, contact a California labor lawyer at Blumenthal, Nordrehaug & Bhowmik in La Jolla.

Employee Access to Employment Files

Having Trouble With Access to Your Employment Records in California?

You have the right to inspect your employer’s personnel record under California law, as long as the inspecting relates to your performance or a grievance. When employees in California cities such as Los Angeles, San Diego, Santa Clara, or San Francisco, make a request to inspect their employment file, employers have three responsibilities:

• The employer must keep a copy of the employee’s personnel records;
• The employer must make those records available to the employee within a reasonable time; and
• The employer must permit the employee to inspect those records without punishing or retaliating against the employee for doing so.

Former employees may also be entitled to inspect their employment file. While this is not as clear as the current employee rule, it is still a right that former employees are usually granted.

Call 800-568-8020 in Los Angeles, San Diego, Orange County or Sacramento

The California employment law attorneys of Blumenthal, Nordrehaug & Bhowmik have significant experience in employment litigation in the areas of law that affect employee rights, such as union organization and activities, severance agreements, and employment contracts.
We focus on protecting employee rights in counties throughout the state, such as San Diego County, Orange County, Santa Clara County, Alameda County and San Francisco County.

Making a Freedom of Information Act Request in California Public Employment

State employees can also make a Freedom of Information Act request to the Department of Justice. Employees should send their requests directly to the Department of Justice. In the request, employees are allowed to identify the exact documents requested as well as the format in which those documents are to be produced. Although there are certain exemptions under which the Department of Justice does not have to produce documents, as long as the documents are limited to your employment records you should be able to obtain them using this method. At Blumenthal, Nordrehaug & Bhowmik, our California employment law attorneys can assist you with obtaining your employment records. Contact us for additional information.

Severance and Release Agreements

Don’t Sign Anything Until You Have Talked to Us

If you are leaving a company and have an option to sign an employment contract such as a severance or release agreement, we have strong advice: don’t do it without consulting a lawyer first. Businesses use severance agreements to protect themselves in a variety of ways. The truth is they really don’t care that much about protecting the rights or futures of their employees. Often, release contracts are loaded with illegal and one-sided provisions designed to restrict employees’ rights on the job market, while paying employees as little as possible to ensure business interests are protected. In fact, many of these agreements are in violation of wage-and-hour laws.

Free Consultation ▪ Extensive Experience ▪ Maximum Compensation

The attorneys of Blumenthal, Nordrehaug & Bhowmik in La Jolla, California, have been representing employees in class action litigation against their former employers since 1999. We have an excellent record of protecting our clients’ rights and financial interests in matters relating to severance packages, release agreements and employment contracts.

Talk to one of our experienced employment law attorneys before you sign. Contact us today. We can help you understand what is included in the employment contract you’re signing and how it will affect your future. With our vast knowledge of employment laws and labor laws, your matter will be handled professionally and with great care.

We will examine your agreement and explain:

• Your capacity to seek work in your chosen profession
• Your final severance payout
• Tax consequences
• Independent contractor status
• Language about your performance on the job
• Your independent use of trademarks, copyrights and intellectual property

Can You Be Part of a Class Action Lawsuit?

In many cases, companies that ask employees to sign and accept illegal severance packages and separation agreements are following illegal policies. If you are the first plaintiff to step forward and start a class action lawsuit against your employer, you may be eligible to receive other compensation in addition to a settlement or jury award.

Don’t sign an employment contract or accept anything without knowing how it will affect your long-term prospects. Contact us to discuss the severance package you’ve been offered. Our lawyers represent employees in class action lawsuits against employers in Los Angeles, San Diego, Orange County, San Francisco and Santa Clara, and throughout California.