Wrongful Termination

A wrongful termination claim (“Tameny claim”) lies where the employer violates a fundamental public policy based on a constitutional or statutory provision. If your employer has engaged in any of the following conduct, it may be liable for wrongful discharge in violation of public policy:

  • Employment discrimination, harassment, and/or retaliation because of the race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of an employee
  • Discrimination or discharge of an employee for complaining about unsafe work conditions or practices
  • Retaliation against an employee for disclosing an employer's violation of state or federal regulations to a governmental agency (whistleblowing)
  • Disciplining or discharging an employee for disclosing working conditions
  • Disciplining or discharging an employee for disclosing wages
  • Discharging an employee for exercising right to overtime wages
  • Discharging an employee for exercising right to receive earned wages
  • Discharging an employee for exercising right to take medical leave
  • Discharging an employee for refusing to engage in unlawful conduct

Such conduct by an employer is illegal and against public policy in the State of California, including but not limited to the provisions of the California Fair Employment and Housing Act (Government Code § 12900 et seq.), Family and Medical Leave Act, California Family Rights Act, California Labor Code, and the Constitution of the State of California. If you suspect that your employer has engaged in any of the conduct set forth above, you should contact an experienced wrongful termination attorney at Workplace Justice Advocates, a Professional Law Corporation, to determine whether you have a claim for wrongful termination.

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