What is a Public Policy Violation?

Author: Mesriani Law Group
Posted on: April 13, 2020

Public policy is defined as the system of laws and principles that guide our society. Public policy is set by the government, and declares objectives relating to the general well-being of the citizens of the country. All U.S. states follow the doctrine of at-will employment (Labor Code, § 2922.) , which means that an employer may terminate an employee at any time for any reason or no reason at all, and an employee may likewise quit at any time for any reason. This means that absent an employment contract or other fixed term of employment, an employer may lawfully terminate an employee for reasons that may seem unfair.

Nevertheless, all states recognize exceptions to the at-will employment doctrine. For example, an employer may not terminate an employee because of the said employee’s race, gender, sexual orientation, national origin, religion, disability, age, or other protected grounds, nor for opposing the employer’s discriminatory conduct. If you were dismissed for reporting your employer’s illegal activities, then the termination is also considered wrongful. If the circumstances of your termination are unjust or against public policy, then it is considered to be a wrongful termination case, which gives you the right to claim for damages against your employer.

If you or your loved one was dismissed from work without lawful cause, you may be entitled to both economic and non-economic damages as wrongful termination does not only result in loss of earnings, but also emotional distress and suffering. In order to successfully obtain compensatory damages or to get your job back, it is important to remember that you will need the expertise of a wrongful termination attorney in Los Angeles. Aside from the complexities of employment and labor laws, your employer definitely has the advantage of abundant resources and connections, which they will surely use to their advantage.

What are some signs of Age Discrimination? 

In California, laws are in place to protect employees against elderly discrimination when he or she is over 40 years of age. Your age should not affect the incentives that you receive in your workplace, from bonuses and raises, to promotions and other benefits. Furthermore, if the position calls for a desk job but you are not being considered for the position purely on account of your age, then your prospective employer is already guilty of elderly age discrimination. On the other hand, if you are already hired but you are not given the same treatment at work and your compensation is less than those being given to your co-workers with the same job position or produce the same output as you do, then you are also being discriminated against because of your age.

If you are discriminated against at work, there are federal and California age discrimination laws and appropriate government agencies that can protect you, to include:

  • Age Discrimination in Employment Act (ADEA);
  • Fair Employment and Housing Act (FEHA);
  • U.S. Equal Employment Opportunity Commission (EEOC); and
  • Department of Fair Employment and Housing (DFEH).

Under ADEA as well as the FEHA, employers are penalized when an employee who is 40 years or older who is discriminated against, harassed, or retaliated against in any aspect of employment, from the hiring process to termination. Hence, if you are 40 years and above, and you feel that you are unfairly treated at work, then you have a greater chance of prosecuting your employer for age discrimination.

How can I tell if my race is the cause for my discrimination? 

Under the Civil Rights Act of 1964: Title VII (Equal Employment Opportunities), employers are prohibited from discriminating against their employees based on race, color, religion, sex, and national origin. As an employee in California, you are entitled the right to be free from race discrimination in the workplace. You must be aware that this right encompasses not only a fair application process but also the right to a consistently conducive and prosperous working environment for people of all races.

Race discrimination in the workplace occurs when an employee or an applicant is treated unjustly on account of one’s nationality or ethnicity. Most employees are unaware that they are already experiencing racial, ethnic, or culture discrimination in the workplace. Hence, they are unable to file claims to protect their rights and seek compensation for the sustained damages. In order to fight against this, educate yourself of the rights you have under anti-discrimination laws and keep a keen eye on what constitutes as violations. By knowing where to draw the line on your negative experiences, you are less likely to fall victim to offenders.

Racial discrimination takes many forms, which include the following:

  • Failure to hire
  • Failure to promote
  • Unequal compensation and work conditions
  • Unequal distribution of work
  • Uneven implementation of employee rules and regulations
  • Verbal harassment by supervisors and co-workers
  • Illegal termination
  • Forced resignation

If you or a loved one have been subjected to racial discrimination within the workplace you should seek professional assistance from MLG’s expert employment and labor law attorneys who can assist you in negotiating or litigating your employment claims!

What is gender discrimination within the workplace?   

Gender discrimination happens when an employee is segregated or treated differently or unjustly because of his or her gender. Contrary to popular belief that only women get harassed and discriminated against, both men and women employees can experience sexism and gender inequality at work.

You should remember that filing a complaint and seeking damages against your employer is harder than it sounds. A lot of employees commit the mistake of trying to negotiate their gender-based discrimination cases or claims on their own. Seeking compensation against your employer on your own is ill-advised as he or she has the resources to hire defense lawyers who are more knowledgeable on gender discrimination laws to question your claim. You might also risk getting less compensation than you deserve or waiving your claims altogether if you decide to pursue your claims on your own against your employer due to your lack of knowledge on proper legal procedures.

If you are serious in protecting your rights at work and getting the best compensation you deserve, the only thing that you should do is seek help from Mesriani Law Group’s highly skilled sex, age, religious, race and pregnancy discrimination lawyers Los Angeles has to offer. Our attorneys at MLG have decades of experience in pursuing discrimination claims against unjust employers throughout California.

Am I being discriminated against due to my sexual orientation? 

Employers are prohibited from discriminating against their employees’ not only the basis of an individual’s actual sexual orientation but also what the employer perceives their sexual orientation to be. Sexual orientation may mean bisexuality, homosexuality, and heterosexuality. Any adverse decision that an employer makes on the basis of a perceived sexual orientation or actual sexual orientation is considered to be illegal.

If you’ve had to endure workplace discrimination because of your sexual orientation, you can put your foot down and make it stop by lodging a formal written complaint with your employer. If your employer does not act on the complaint or retaliates against you because of the complaint – by demoting or firing you – you need to seek the help of the experienced sexual orientation discrimination attorneys at MLG so that you can obtain the compensation

What is religious discrimination? 

Every individual has the right to freedom of thought, conscience, and religion. You have a right to have your own beliefs, and this right is protected by our Constitution. Since there are many organized religions all over the world, some individuals tend to have a prejudice against those who practice a different religion than they do. These differences in beliefs can lead to discrimination.

Religious discrimination is when you are treated differently or poorly because of your religious affiliation, beliefs, or association with an individual of a particular religion. Employment laws forbid discrimination based on religion, which means that if you are discriminated against at work on account of your religious beliefs, practices, or affiliations, then you have a right to seek damages for pain and suffering and other losses against your employer.

Religious discrimination should never be allowed in the workplace, and if you are being treated unfairly by your employer, then you have a right to get the justice you deserve. Nobody should have to experience workplace harassment or general discrimination based on religion as it can create a lot of emotional distress and can result in reduced income or missed job opportunities.

If you are serious in claiming compensation against the other party and not risk your well-deserved compensation from damages, hiring professional legal help is your best and only choice. Work with a Los Angeles workplace harassment lawyer from Mesriani Law Group and take advantage of our law firm’s No Win, No Fee guarantee.