The Public Policy Exception for At-Will Employment

August 14, 2015 by

at will employmentIf you ask an employer what “at-will employment” means, there’s a good chance they’ll tell you that it means an employer can fire the employee for any reason they want – or for no reason at all.

This is a very common definition of at-will employment, but it isn’t quite accurate. An employer can fire an at-will employee for almost any reason – but there are exceptions.

The best known of these exceptions is that certain forms of discrimination can be illegal grounds for firing an employee. (In California, these forms include discrimination based on race, national origin, gender, religion, age, sexual orientation, pregnancy status, marital status, genetic information, and disability).

There are other reasons for firing an employee that are prohibited by statute. These reasons include firing an employee for filing a claim for workers’ compensation, or for taking leave that is guaranteed to them under federal or state law, or for engaging in protected union activity.

Another exception is that it is illegal to fire an employee for a reason that is in opposition to public policy. This means that an employee cannot be fired for:

  • refusing to violate a statute;
  • performing a statutory obligation;
  • exercising a statutory right or privilege;
  • reporting a violation of a statute of public importance.

If an employee files a claim against an employer for wrongful termination in violation of public policy, he or she will have to demonstrate that:

  • He or she was an employee of the employer;
  • That he or she was discharged by his or her employer;
  • That the alleged violation of public policy was a motivating reason for the discharge;
  • That the discharged caused the employee harm.

Yau vs. Santa Margarita Ford

A good example of these circumstances can be found in the case of Yau vs. Santa Margarita Ford, Inc. It involved an employee of an auto dealership, who became aware that some of his coworkers were submitting fictitious warranty repair claims. He chose to notify the owner of the dealership about what was happening, and his coworkers responded to the accusation by falsely accusing him of being the mastermind of the scheme. He was later told that he was being fired for alleged warranty fraud, and then was promptly led out of his office by sheriff’s deputies.

The employee filed a complaint against his employer for wrongful termination. He argued that the motivation for his firing contravened public policy set forth in several different laws (such as laws prohibiting criminal conspiracy, theft, fraud and deceit). A California Court of Appeal held that these statutes were statutes of public importance, and that his allegations were properly tethered to the statutes.

Have Your Rights Been Violated?

If you’ve been fired from a job in Sonoma County, Mendocino County or Lake County California and believe that the reason for your firing was in opposition to public policy, don’t let anyone tell you that your employer had the right to fire you “for any reason they wanted.” You may very well have a case against your employer, even if you were an at-will employee.

It may be well worth your time to contact an attorney. Our experienced Beck Law P.C. labor and employment law attorneys in Santa Rosa can evaluate your individual situation, and help you decide how to proceed. Contact our office today for a consultation.

Filed Under: California Labor Law, Employee Rights Tagged With: , , , , , ,

California Job Retaliation and Wrongful Termination Laws

April 1, 2015 by

job retaliation, wrongful terminationCalifornia job retaliation and wrongful termination laws. Under California state law, it is illegal for an employer to retaliate against any employee who has provided information to law enforcement or government agencies, or engages in other protected activities. Employment retaliation can take a variety of forms including an employer’s decision to demote, terminate, fire or conduct some other negative act against an employee because that employee has exercised an activity protected by federal or state law. Most often employment retaliation occurs when an employee becomes a whistleblower by reporting an employer’s activities that are in violation or public policy or law, or is otherwise considered illegal. Under the California Labor Code, an employer is prohibited from taking any adverse, negative action, or any other form of discrimination in response to an employee:

  • Reporting discriminatory acts and other illegal activity that have occurred in a workplace controlled by the employer;
  • Participating in a labor union and other activities related to collective bargaining and/or an employee’s right to freedom of association and expression;
  • Complaining about the state of the workplace facilities and/or working conditions;
  • Participating in investigations and/or filing suit against an employer;
  • Filing a complaint against an employer with California’s Division of Labor Standards and Enforcement (DLSE).

CA Law Regarding Job Retaliation and Wrongful Termination

The most common form of employer retaliation is the wrongful termination of an employee who has engaged in activities protected by the federal and state government. Here in California, employment relationships are presumed to be at will, which means that the employment relationship can be terminated by both the employer and employee at any time without the consent of the other party. However, there does exist an exception to the at-will employment presumption, which provides that employers can be found guilty of wrongfully terminating an employee when that employee has been discharged for “performing an act that public policy would encourage or for refusing to do something that public policy would condemn.” Under this exception, a California employee who is discharged because of these reasons can bring suit against the employer in order to receive damages and compensation for the wrongful discharge. However, this exception does not apply when the parties have a pre-existing employment contract that allows employment termination based on cause or because of specific reasons previously outlined in the employment contract.

An employee can bring a wrongful termination claim by asserting that the employment discharge violated federal law, public policy or California state law. Typically, wrongful termination suits are brought under the California Fair Employment and Housing Act (FEHA), which allows employees to bring suits against employers. However, the FEHA cannot be used to bring suit against an organization’s managers, supervisors and other employees. A complaint alleging discrimination or retaliation in the workplace must be filed within six months following the occurrence of the alleged activities. However, complaints filed under California Labor Code section 230.1 and 230 (c) can be filed within one year following the alleged retaliation or discrimination. Complaints of employment retaliation and discrimination are filed with the DLSE.

If you believe you have been the victim of employment retaliation or discrimination you should contact one of the labor and employment attorneys here at Beck Law P.C. here in Santa Rosa, California today.

Filed Under: Employee Retaliation, wrongful termination Tagged With: , , , , ,

Big Labor Rights Movement Win For California-Area Walmart Employees

January 21, 2015 by

labor rights movementBig labor rights movement win for California-area Walmart employees. Walmart employees at stores in Richmond and Placerville, California recently had a big win against their retail giant employer. In fact, in December an administrative law judge found in favor of California-area Walmart employees who claimed that they were unfairly disciplined for attempting to organize employees in a strike and other collective bargaining activities. The National Labor Relations Board Administrative law judge of Washington, D.C. ordered Walmart to stop pressuring employees in order to prevent work stoppages, because it is believed that Walmart used intimidation tactics to encourage employees to return from strikes. Walmart was also ordered by the judge to change its dress code for its California employees who were being restricted from wearing pro workers’ rights shirts.

Labor Rights Movement

The administrative judge’s decision in favor of the California Walmart employees is a victory for the Organization United for Respect at Walmart (OUR Walmart), an employee-based campaign advocating enhanced health benefits and better pay for Walmart’s employees at the companies  4,000+ U.S. stores. Though OUR Walmart is not an official labor union that represents workers in collective bargaining issues, the organization does receive substantial support and advice from the United Food and Commercial Workers Union. On Black Friday of this year, OUR Walmart led employee protests at over 1,000 Walmart stores, while calling for more full-time jobs opportunities and also for a $14 base wage paid to employees.

The OUR Walmart Labor Movement

The NLRB ruling was supported by the federal law that prohibits employer retaliation against workers who support unions, and also prohibits employers from making intimidating statements intended to discourage workers from supporting worker unions. The NLRB judge ruled that a California Walmart manager had unlawfully threatened to close a Walmart store if employees decided to join the (Organized United for Respect at Walmart) or “OUR” Walmart in its demands for higher wages, and also that Walmart had illegally disciplined employees for exercising their legal right to go on strike. It was discovered that one specific Walmart manager had used illegal intimidation tactics against workers by stating that “If it were up to me, I’d shoot the union.” Furthermore, it was also found that it was an unlawful statement for the Walmart managers to tell its employees that their co-workers who had returned from a one-day strike would soon be looking for new jobs.

In addition to claims that Walmart prevented employees from exercising their right to both strike and organize, the suit also focused on dress code restrictions enforced at Walmart’s California stores that prohibited employees from wearing most logos excluding clothing manufacturers and also Walmart logos. This restriction served to prevent workers from wearing clothing that expressed the OUR Walmart cause and message. The administrative judge’s ruling, which focused only on the two specific California Walmart stores, is the first NLRB judge opinion that was submitted since OUR Walmart began operations in 2010. Complaints about labor practices at Walmarts across the U.S. have also been consolidated into one nationwide complaint that is currently ongoing.

If you need legal advice and representation regarding workers’ collective bargaining rights, or any other employment law legal assistance, you should contact our employment and labor law attorneys at Beck Law P.C. in California today.

Photo Credit: JeepersMedia via Compfight cc

Filed Under: Employment Law, News Tagged With: , , , ,

A Guide to Some of California’s Most Frustrating Employee Protection Laws

December 19, 2014 by

Frustrating Employee Protection LawsA guide to some of California’s most frustrating employee protection laws. While California is typically considered one of the most worker-friendly states in the U.S., the flip-side is that many employers operating within the state believe that California’s employee-protection laws are onerous and complicated to understand. In fact, employers who operate in California as well as other states have noted how the laws within this state are frustrating to comply with, especially when compared to more business-friendly jurisdictions. What employers have been confounded by is the administrative burdens, the lack of flexibility with regards to compliance and enforcement, and also the enhanced degree of litigation possibilities. The California Chamber of Commerce decision to enact 24 additional new state employment laws and amendments will go into effect starting in 2015, which will provide additional procedures and regulations that employers must adhere to. The following includes the four most difficult and frustrating employment laws that both California employers and employees should be aware of in order to avoid violations and to be fully informed about employee rights.

The Four Most Confusing California Employee Protection Laws

  • Overtime: While in many states overtime cannot be paid until after over 40 hours have been worked by the employee, in California employees are entitled to overtime pay when they work more than 8 hours in one single day. This law has confused many new employees and employers because its effects reach beyond just overtime pay. Under the law, employees are prevented from having the flexibility to work late or leave early and subsequently make up the hours later during that same workweek without their employer being required to pay overtime wages.
  • Employee Breaks: California has extremely strict requirements for employee breaks. In fact, employers are required to provide employees with both a 30-minute meal break per every five hours of work, plus a 10-minute rest break for every four hours of work. This law has resulted in a great deal of class actions against employers, especially the section about the 10-minute rest break, which is a requirement not provided by many other states. A 2012 decision clarified the 10-minute rest break requirement, holding that employers did not have to relieve their workers of all of the work duties during the break. However, this rule has been difficult for employees who would simply like the flexibility to skip their rest break in order to take a longer lunch. While employers would like to provide their employees with the flexibility to do so, fear of litigation prevents such employers from providing this leniency.
  • Layoffs: California state law requirements for layoff reporting are some of the most stringent in the country. While federal law requires 60-day notices before any layoffs for those employers with over 100 full-time workers, California law requires the same notice from employers that have 75 or more part-time and full-time employees.
  • Employment Contract Non-Compete Agreements: Non-compete agreements provide employers with protections and prohibit employees from soliciting their employer’s clients after the employment relationship is terminated, or taking other actions that place the employees in direct competition with the employer. While in many states non-compete agreements in employment contracts are enforceable, in California non-compete agreements are not valid.

The above is not a completely exhaustive lists of all of the California laws that are difficult to understand and comply with. However, understanding the basics of these laws will keep employers out of trouble and allow employees to understand their basic rights. When you need labor and employment law legal assistance, make sure to contact the labor and employment attorneys at Beck Law, P.C. in Santa Rosa, California.

Filed Under: Blog, California Employment Law, California Labor Law Tagged With: , , , ,

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