It always amazes us the things employers tell their employees. For example, we always get calls from employees who say their boss told them that they can fire them for any reason at any time because they are an at-will employee. This is not entirely true. In California, an employer can terminate an employee for any reason unless that reason violates public policy. Under California law, the public policy position supersedes over the at-will employment doctrine. You are probably wondering, “What is this public policy thing?” Basically, a wrongful termination in violation of a public policy occurs if an employer terminates an employee due to gender, race, national origin, family or medical leave, political activity, or for reporting unsafe working conditions. This is not an exhaustive list, but just some examples of wrongful termination in violation of public policy.
An Employer Cannot Fire An Employee For Reporting Unsafe Working Conditions
In Webb v. Ramos Oil Company, plaintiff was a truck driver who transported fuel for defendant employer. Plaintiff had been an employee for defendant for thirteen years. One day, while plaintiff was transporting fuel, the area in which he was driving was experiencing severe storm and heavy wind, as well as flooding from heavy rain. During his route, plaintiff’s truck would rock back and forth and almost tip over. In addition, plaintiff witnessed other cars strugging on the road, downed power lines, and flying debris. While on route, he called his employer and asked if he could postpone his delivery due to the dangerous driving conditions but his employer refused. When he was finally done with his route, he decided to join some friends for a drink. A few hours a later, he was called back to work, but said no because he had drank a few alcoholic beverages and because it was still way to dangerous to drive a truck transporting fuel. Plaintiff was fired a couple days later. Luckily, Plaintiff retained an employment lawyer.
The Defendant argued that Plaintiff basically made all of this up so he would not have to perform his job duties that day. Clearly, the jury did not buy this defense and awarded Plaintiff over $6 million dollars in economic damages, non-economic damages, and punitive damages.
Call A Lawyer If You Have Been Wrongfully Terminated
At the end of the day, this case shows that employers are still being held accountable for breaking the law and violating an employee’s rights. People in California are fired everyday, and most of the time, the person has no idea whether what just happened was lawful. If you feel like your termination was wrongful or there was something not quite right about it, thus it cannot hurt to call an employment lawyer. Most employment lawyers do a free consultation, and some will even tell you whether or not they think you have a case. Call an employment lawyer immediately if you feel you have been wrongfully terminated!