Fresno, California Wrongful Termination Law

   

The California Supreme Court has recognized that an employer's termination of an employee for reporting an alleged violation of a statute of public importance represents one category of wrongful discharge in violation of public policy.

Moreover, wrongful termination can be based upon an employee checking on and trying to report possible illegal conduct to company officials. An employee need not prove an actual violation of the law; it suffices if the employer fired him for reporting his 'reasonably based suspicions' of illegal activity.

In Holmes v. General Dynamics, the appellate court upheld a jury verdict for wrongful termination where the plaintiff was fired for telling management their conduct violated a statute. The court held that "employers shall not terminate employees in retaliation for disclosing to the employer's management a practice of the employer that violates the False Statements Act."

An action for tortious discharge is not strictly limited to situations involving a statute; it exists wherever the basis of the discharge contravenes a fundamental public policy. Fundamental public policies include statutes, regulations, and constitutional provisions.

The employee does not have to affirmatively refuse to engage in prohibited conduct. For example, Gould v. Maryland held an employer's termination of an employee to avoid paying accrued commissions and vacation pay violated California Labor Code Section 201 and created a wrongful termination case.

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Workplace Safety Violations Can Lead to Wrongful Termination

The California Labor Code requires employers to provide safe and healthful work environments (Labor Code Sections 6400, 6402, 6401, 6403, 6404, 6406(d)).

• California Labor Code Section 6308 requires employers to provide necessary information about