Fernando Jimenez-Sanchez and Porfirio Preciado were workers employed under Dark Horse Express, Inc., both of...
Employees are protected by law against any unjust or immoral treatment from employers in the workplace, including wrongful dismissal and constructive termination. Regular, part-time, probationary, contractual, and casual employees are all equally protected from inhumane treatment and from those who would counter public policy considerations. If you are discriminated or harassed at work for whatever reason, this constitutes a violation of public policy in California.
We at Mesriani Law Group pride ourselves in ensuring that we protect our employee clients from public policy violations at work and from unjust employers who cause emotional distress and create a hostile work environment. Our expert Public Policy Lawyers in Los Angeles have the competence to fight for all employee rights. We make sure that we exercise proper legal action that would result in the best compensation that would benefit all employee victims of public policy violations.
What Constitutes a 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 violating the employee’s physical, emotional, psychological, and professional well-being, as is the case with wrongful dismissal and constructive termination.
Examples of Violation of Public Policy
All employees in Los Angeles, California, are protected by labor and employment laws against any form of discrimination at work.
The common types of discrimination experienced in the workplace are as follows:
- Racial discrimination
- Religious discrimination
- Skin color discrimination
- Ethnic affiliation discrimination
- Disability discrimination
- Sex discrimination
- Gender discrimination<l/i>
If you’ve experienced any of the forms of discrimination mentioned above, then you are a victim of a public policy violation. Also, if you are not provided with your primary employee benefits or terminated without just cause, then you are also a victim of wrongful discharge in violation of public policy.
Wrongful Dismissal as a Violation of Public Policy
Wrongful termination happens when the termination of employment is without just cause, or the cause did not necessitate termination as a consequence for the employee. If your employer is unclear about the causes of your termination, or fails or refuses to engage in a discussion as to why you are being terminated, then you are a victim of wrongful discharge in violation of public policy, especially if your termination wasn’t due to breaches in company policies, poor performance, or conduct issues. Wrongful termination as a violation of public policy can also be considered for work provisions that impose involuntary termination as a consequence for violating said provisions.
Who Can Be Wrongfully Terminated?
There is a common misconception that only permanent employees can fall victim to a wrongful dismissal. This is not always the case since temporary employees can also be wrongfully terminated. If you are working in California, the prevailing work status of employees is “at-will” employment in the absence of a written contract or any agreement or implied contract of an employee’s employment status.
The 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 of an “at-will” employee proves to be unjust, then these employees can still be victims of wrongful termination, which gives them the right to seek legal action against their employer for violations of public policy.
These reasons include, but are not limited to, harassment, retaliation, and discrimination. If you are having problems at work and you are being terminated without just cause and don’t know what to do, call our expert Los Angeles employment discrimination lawyers for help. We can explain to you the elements of wrongful termination as a violation of public policy. Our wrongful dismissal lawyers will also inform you of the kinds of evidence you will need to gather to support your claims and improve your chances of obtaining damages and compensation from your employer.
Constructive Termination as a Violation of Public Policy
Violations of public policy can still occur even after you’ve been terminated from work. Even after resigning, you can still file for violation of public policy against your employer if questionable circumstances have led to your resignation. If you were compelled to resign because you experienced a hostile work environment created by your employer, this is called constructive discharge. Also known as constructive dismissal or constructive termination, employees are left with no other option but to resign because of the unhealthy work environment created by their employer.
This may be due to constant harassment, discrimination, or unjust treatment. Since the resignation was not truly voluntary, it is still considered a termination. In the unlikely event that you consider resigning despite liking your work, having good benefits, and a good salary, then the reason could be that your employer is fostering a hostile work environment. Given these circumstances, Mesriani Law Group can walk you through how to gather the proper documentary evidence that would support your violation of public policy claims against your employer.
Usual Alibi Given by Employers
If you are seeking a claim for wrongful discharge against your employer, always remember that they will always have prepared reasons against constructive termination, albeit misplaced. Never go after your employers by yourself because they have the means to make sure that your complaints are denied or misconstrued. Before filing a wrongful dismissal case or complaint against your employer, make sure that you have gathered all the evidence you need to support your claims, such as work memos, printed e-mail correspondence, saved letters or texts from your employers, as well as statements from your co-workers to support your claim.
Seek Legal Help From Wrongful Dismissal Lawyers in Los Angeles
If you were wrongfully terminated or harassed in violation of public policy, seek proper legal action with the help of our expert workplace harassment lawyers. You have the right to be reinstated at work with full back wages plus damages and other compensation if you were wrongfully terminated. Los Angeles-based Mesriani Law Group will provide you with the top employment-related legal services that you deserve. For any legal issues, don’t hesitate to call or email us so that we can start the fight for your employment rights as soon as possible. Don’t delay your legal claim as Mesriani Law Group is always ready and willing to help our clients get the best compensation that they deserve.