Wrongful Termination Against Public Policy
Under California law, employees may be able to assert a claim for wrongful discharge or demotion in violation of public policy. This is also called a Tameny claim, named after the case creating the claim. To establish this claim the employee must prove there is: (1) an employer-employee relationship, (2) employer terminated the employee’s employment (or took other adverse employment action), (3) the termination was a legal cause of the employee’s damages and (4) the nature and extent of the employee’s damages.
Tameny claims may also exist when the employee was demoted or suspended without pay for a reason that violates public policy. In some cases, legitimate and illegitimate reasons may be the reason for the employer’s actions against the employee. But a Tameny claim only requires the employee show that an illegitimate reason was “a motivating or substantial role” in the employment decision.
The key to all Tameny claims is the employer’s violation of a recognized public policy. The public policy supporting the Tameny claim must be: (1) based on violation of a constitutional or statutory provision, (2) a policy that benefits the public, not just the individual, (3) well established at the time of employer’s adverse employment decision and (4) “substantial and fundamental.”
Southern CA Wrongful Termination Attorneys
Various forms of discrimination, types of retaliation and whistleblowing activity will support aTameny claim. If you believe you have been wrongfully terminated or discharged, wrongfully demoted or wrongfully suspended without pay at least in part because of an illegal reason (e.g., race discrimination, refusal to violate the law, reporting illegal or fraudulent conduct, gender discrimination), you may be able to assert a Tameny claim against your employer even if you are still employed by the same employer. California law continues to validate and recognize the importance of employees being able to assert Tameny claims so that important public policies of the State continue to receive recognition and respect by employers.
Contact the experienced Los Angeles employment discrimination lawyers and wrongful termination attorneys at T. Joshua Ritz, Inc. & Associates, Attorneys-At-Law by completing the email form on this website or call us at 818.788.1123. We offer a free consultation about employee rights.