Wrongful Termination in Violation of Public Policy | Mann & Elias
Skip links

Wrongful Termination in Violation of Public Policy

If You Were Wrongfully Terminated, Contact Our Los Angeles Wrongful Termination Lawyers

When you are working for your employer, you want to do whatever is asked of you. However, when those requests involve breaking the law, you, of course, should decline. Unfortunately, many employees in California find that when they decline to follow these orders from their employer, they are fired. When this occurs, the good news is that they have legal recourse against their employer for wrongful termination. This law, known as wrongful discharge in violation of public policy, applies to all employees in California, even those who work in at-will employment arrangements. If you are currently experiencing wrongful termination, hold them accountable for their actions by hiring Los Angeles public policy-related termination lawyers at Mann & Elias.

What Constitutes a Violation of Public Policy?

When wrongful termination occurs in violation of public policy it is due to various reasons, including a refusal to break the law, to perform a legal obligation, or to report a law violation. In any of these cases, an employer does not have the right to fire an employee. However, particularly in at-will employment arrangements, employers often feel they can do whatever they wish. If you are an at-will employee who lost your job due to a violation of public policy, remember that you have the right to sue your employer. Therefore, speak to lawyers that will fight hard to protect your rights.

What are Common Examples that Result in Firings?

Since most employees have never heard of wrongful termination in violation of public policy, they may be confused about whether or not they have a valid case against their employer upon being fired. A few common examples of acts that could result in firings include:

  • Taking leave for military service
  • Jury duty
  • Attempting to organize a union at their workplace
  • Filing a wage/hour complaint with the California Labor Board
  • Retaliation for filing a whistleblower complaint

Though these firings are illegal in every way, employers often use various intimidation tactics against employees to keep them from pursuing legal action. However, don’t be intimidated. Instead, contact a to hold employers accountable for their actions.

Which Laws Will Support My Lawsuit?

Should you decide to hire employment lawyers in Los Angeles to represent you in a violation of a public policy lawsuit, you will be responsible for showing you have a valid cause of action. That means your firing can directly link to an established policy already set forth as a constitutional provision or statute.

Additionally, you must also show the policy in question serves the interests of the public rather than an individual. The policy must have already been established at the time you got terminated. and that the policy is considered by the state and courts to be “fundamental and substantial.” Due to the complexities involved in proving these points, don’t leave anything to chance.

Can I Sue My Employer if I am Not Fired?

While most wrongful termination is in violation of public policy lawsuits brought forth after an employee has been terminated, there are situations where such a lawsuit can be brought forth without an actual firing taking place. These situations, known as constructive wrongful termination, pertain to situations where an employer has created such a hostile work environment that the employee in question has no choice but to resign. However, these cases can sometimes be difficult to prove. To be successful, you and your lawyers must show your employer intentionally created hostile working conditions or knowingly allowed such an environment to be created and that a reasonable employee in such situations would be compelled to resign.

What Damages Can I Recover?

Like any lawsuit, you will be seeking maximum compensation for the damages you have suffered due to your employer’s actions against you. The most common ones include lost wages and benefits, emotional distress or pain and suffering resulting from the termination, attorney fees, and in some cases punitive damages. Since you will have suffered severe financial hardship as well as emotional hardship due to your employer’s actions, never hesitate to seek maximum compensation by hiring lawyers that handle wrongful termination.

Is There a Statute of Limitations in These Cases?

As with most types of lawsuits, there are statutes of limitations concerning wrongful termination in violation of public policy lawsuits. Under California law, an employee must file such a lawsuit no later than two years from the date of their termination. Along with this, there will be many deadlines for filing various motions and other paperwork associated with your lawsuit. Therefore, do not procrastinate about this matter upon being terminated. Instead, discuss your case in extensive detail with an employment attorney, including the concerns you may have.

While losing your job can be tough under any circumstances, being wrongfully terminated under these conditions can be especially stressful. To ensure you recover sufficient compensation, schedule a consultation with lawyers at Mann & Elias.


    This website uses cookies to improve your web experience.
    Call| Text |