What is Wrongful Discharge in Violation of Public Policy
Employees are protected by law in their employment against any unjust or immoral treatment in the workplace. All employees, regardless if you are permanent, temporary or casual are equally protected from inhumane treatment and those that would counter public policy considerations.
If you are discriminated against at work for whatever reason, this constitutes violation of public policy in California. We at Mesriani Law Group pride ourselves in making sure that all employees are protected against public policy violation at work against unjust employers who think that they can get away with demeaning employees in their workplace. Our expert Violation of Public Policy Lawyers in Los Angeles have the expertise and the heart to fight for all employee rights and we make sure that we get the best compensation for all employee victims’ benefit.
WHAT IS VIOLATION OF PUBLIC POLICY?
Violation of public policy refers to any act by the employer that demeans or degrades the well being of employees in the workplace. This includes the employee’s physical, emotional, psychological and professional well being.
EXAMPLES OF VIOLATION OF PUBLIC POLICY
As an employee in Los Angeles, California, you are protected by labor and employment laws against any form of discrimination at work. If you are a victim of any type of discrimination, to include race discrimination, religion discrimination, color of skin discrimination, ethnic affiliation discrimination, disability discrimination, sex discrimination, sexual preference discrimination and the like, then you are a victim of violation of public policy. If you are also not provided with your basic employee rights or if you are terminated without just cause, then you are also a victim of violation of public policy.
WRONGFUL TERMINATION AS MEANS OF PUBLIC POLICY VIOLATION
Wrongful termination happens when an employee is terminated without just cause or cause which is not commensurate to the penalty. In case you have not violated any company policy but you are terminated from work and your employer fails or refuses to explain to you why you are being terminated, then you are a victim of wrongful termination. Also, if you have violated certain work provisions but the penalty is so severe as termination then when it should otherwise just be a reprimand or at most a suspension, then you are also a victim of wrongful termination as means of public policy violation.
WHO MAY BE WRONGFULLY TERMINATED?
Both permanent and temporary employees can be victims of wrongful termination. There is a mistaken notion that only permanent employees can be wrongfully terminated. If you are working in California, in the absence of an employment contract or any agreement as to your employment status, the prevailing work status is “at-will” employment.
General rule is, only permanent employees can be victims of wrongful termination because at-will employees can be terminated at will. However, if the reason for termination is tainted with violation of public policy, which includes termination due to harassment, retaliation or discrimination, then, even as an at-will employee, you can still be a victim of wrongful termination and your employer can still be charged with violation of public policy. If you are having problems at work and you are being terminated without case and you don’t know what to do, the best thing to do is call our expert Los Angeles Violation of Public Policy Attorneys for help. We can explain to you the elements of wrongful termination as means of violation of public policy. We will also inform you of the evidence you need to gather to support your claims and the damages and compensation you deserve against your employer.
CONSTRUCTIVE DISCHARGE AS VIOLATION OF PUBLIC POLICY
You should know that termination is not the only cause of violation of public policy that terminates your employment from work. Even if you resign, you can still file for violation of public policy against your employer if your employer has something to do with your resignation. If you are forced to resign because of hostile work environment, this is called “constructive discharge”. In constructive discharge, your employer harasses you or makes your life at work very difficult so much so that you are left with no other option but to resign. In the unlikely event that you ultimately decide to resign although you really want your work, then the reason could be that your employer is fostering a hostile work environment to ease you out and make you resign. Even in this case, Mesriani Law Group can walk you through the steps in gathering documents that would support your violation of public policy claims against your employer.
USUAL ALIBI BY EMPLOYERS
If you are claiming compensation against your employer, always remember that they always have ready reasons for your termination, albeit misplaced. You should never go after your employers alone because they have the means to make sure that your complaints are denied. Before filing a case or complaint against your employer, make sure that you have gathered all the evidence you need to support your claims, like getting work memos, printing e-mail correspondence, saving letters or texts from your employers and even requesting for statements from your co-workers to support your claim.
SEEK HELP FROM TOP EMPLOYMENT LAWYERS IN LOS ANGELES
If you are wrongfully terminated or harassed in violation of public policy, the smart thing to do is seek help from Mesriani Law Group.You have the right to be reinstated at work with full back wages plus damages and other compensation if you are wrongfully terminated. We have the capacity to provide you with the top employment legal service you deserve against your employer. Therefore, for any legal issues, don’t hesitate to call us now or e-mail us so we can start protecting your employment rights immediately. Don’t delay your legal claim as your employer might try to hide or destroy evidence that would show that he is guilty of violating your legal rights at work. Remember, we are always ready and willing to help you get the best compensation you deserve.