Public Policy Exception to At-Will Employment

California is an at-will employment state, which means that an employee can quit their job for any reason and an employer can terminate the employment of a worker for almost any reason. However, one exception to the at-will employment rule is the public policy exception, which denies an employer the right to fire an employee for public policy reasons, and if they do, the worker has the right to sue for wrongful termination. If you or someone you know has been wrongfully terminated, you may have a claim for damages. To learn more, talk to an experienced employment law attorney in your area today.

What is the Public Policy Exception?

Under California law, an employer is not allowed to fire an employee if they are exercising a legal right or performing a legal obligation if it is related to an important public policy. Specifically, an employer is barred from terminating the employment of a worker if the employee engages in the following:

• Refusing to violate the law,
• Performing a statutory obligation,
• Exercising a legal right or privilege, or
• Reporting a violation of the law to the authorities.

In essence, an employer is not allowed to fire someone because they refuse to break the law, engage in a legal duty like jury duty or military service, exercise a right or privilege like engaging in political speech or filing a wage complaint, or reporting a violation of the law at their job. However, it is important that in order for the public policy exception to be applied there must be a clear nexus between the public policy violation and the termination. In other words, the employee must be able to show that it was a public policy reason, and not some other reason, why their employment was terminated.

Wrongful Constructive Termination

In addition to outright termination for public policy reasons, an employee can also file a lawsuit for damages if their employer engaged in wrongful constructive termination because of a public policy issue. Constructive termination refers to a situation where the employer makes the working situation so untenable that the employee has no choice but to resign from their position. A worker must be able to show that the conditions were imposed intentionally or knowingly by their employer and were so terrible that a reasonable person in that situation would have no choice but to quit.

Damages for Wrongful Termination

If an employee successfully proves a public policy exception for wrongful termination, they are entitled to damages from their former employer. Compensation can include lost wages and benefits in addition to damages for emotional distress or pain and suffering that stemmed from the experience. An employee may also be awarded attorneys’ fees depending on the type of public policy violation that occurred.

Talk to a Lawyer Today

Do you believe that you have been wrongfully terminated from your job in California? If so, an experienced employment law attorney in your area may be able to help you get the compensation that you deserve. Call or contact one today to learn more.