Wrongful Termination/Retaliation Complaint

Obviously the timing of our position being eliminated is suspicious. It makes a difference or could make a difference if you were a short-term or long-term employee; if other positions were eliminated and if so, which ones; the size of the company; and what happened to your job duties (were the distributed among other employees or did the employer hire someone new to do that work?). If the employer eliminated your position or pretended to as a way to get rid of you, there are two potential claims. One is Labor Code 132a, which prohibits discrimination against an employee for participation in the workers' compensation system (filing a claim, being injured, being a witness, etc.). I'm not sure how far that statute goes or whether it will cover your situation because I do not practice workers' compensation law. Also, the remedy is very low. In any event, you can find out more about a 1332a claim by speaking with a workers' compensation attorney. To find a workers' compensation attorney, please look at the membership list of the California Applicant Attorneys Association (CAAA) http://caaa.org/cs/. CAAA is the strongest bar association in California for attorneys who represent injured workers. The other possibility is wrongful termination in violation of public policy, often referred to as “wrongful termination.” For a termination to be “wrongful,” it must violate a public policy. Public policy refers only to acts that are specifically prohibited by a statute (law) enacted by the legislature, not allowed under the state or federal constitution, or prohibited by a regulation promulgated (established ) by a government agency. Public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, sexual orientation, age (40 years and older), religion, marital status, pregnancy, genetic information, and a few other categories. Also, public policy prohibits discrimination against people who blow the whistle on a matter of public concern; complain about improper wage and hour practices; refuse to falsify documents (especially reports or certifications to the government); or who exercise voting rights, family leave rights, jury duty rights, domestic violence rights, and more. To discriminate in violation of public policy means to treat individuals in one group differently from others who are not in the same protected group, but are similarly situated. Thus, an employer cannot change terms of employment or fire you if the reason for the change is against the law. For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc. or because you blew the whistle on safety violations. There are various ways to enforce these rights, depending on the particular public policy involved. In your situation, I am not aware of a particular statute or regulation that prohibits an employee from complaining about an employer not having workers' compensation coverage, but it is close. The situation is also close to a whistleblowing claim. Whistleblowers are employees who report wrongdoing that harms the public, or has the potential to harm the public. The wrongdoer can be a federal, state or local government, a private entity, or another employee. Usually, but not always, the wrongdoing benefits the government or private entity that engages in the wrongdoing. Harm to the public may be caused by inflated prices, dangerous products, environmental harm, and more. Whistleblowers are protected by law. The purpose of whistleblower protection laws is to allow employees to report, stop or testify about this kind of wrongdoing, as a benefit to the public. Note that complaints about wrongdoing that only harm the employer itself are not protected by whistleblowing laws. (continued in Comment below)

It is a violation of California public policy to terminate an employee for opposing unlawful activity engaged in by their employer. If you can prove there was a causal connection between your threatening to go to the Industrial Welfare Commission and report your employer if they allow their workers compensation coverage to lapse and your termination, you can state the basis for a case of wrongful termination. Every case's outcome depends on the evidence. You should consult with a few attorneys experienced in employment law, in your area, for different opinions about the viability of your claims and an assessment of how to best obtain your goals. I suggest you go to the website for the California Employment Lawyers Association at www.cela.org , click on the "Member Search" part of the menu and search for attorneys who handle wrongful termination cases in your area.

An important fact is whether you knew your job was going to be eliminated prior to making the complaint. If you were aware that position was being terminated, you may have less of a claim. I agree that you should speak to an attorney quickly who can ask you the right questions and correctly analyze your complaint.

How did firing you do anything but guarantee you would report them? No virus found in this message. Checked by AVG - www.avg.com Version: 2012.0.2197 / Virus Database: 2437/5200 - Release Date: 08/14/12