| |
Wrongful Termination in Violation
of Public Policy
In California, an employee cannot be discharged if the termination violates
fundamental public policy. Such claims are called "Tameny" actions, named
after a famous California Supreme Court case Tameny v. Atlantic Richfield.
To succeed in an Tameny action, the employee must prove:
- the existence of an employer-employee relationship;
- termination or other adverse employment action;
- the termination was in violation of an existing
public policy;
- adverse employment action against that employee in retaliation for those acts; and
- the employee suffered damages.
In order to establish that a public policy exists, the employee must show that an employer-employee relationship exists. This claim is unavailable to pre-hire applicants and independent contractors. However, it can be a potent claim. This sort of claim can be used when an employee is asked to break the law and retaliated against for refusing to do so. It is also a strong claim if an employee reports law breaking by the employer and is then terminated.
|
|
SOMMERS.LAW.GROUP
870 Market Street, Suite 1142
San Francisco, California
(415) 839-8569
info@sommerslaw.com
|
|
