In a partial victory for California workers, the State’s highest court ruled, in Salas v. Sierra Chemical Co. 59 Cal.4th 407 (2014) that employers cannot get away with violating California employment laws just because they find evidence, after being sued, that their mistreated employees did not have proper authorization to…
Articles Posted in Public Policy Claims
Supreme Court Bears Good News for Whistleblowers
In Thursday’s unanimous Lane v. Franks decision, the Supreme Court decided that public employees are protected from retaliation when they testify in court about misconduct they observe on the job. Lane v. Franks, 134 S.Ct. 2369 (2014). Edward Lane was a director of a program for underprivileged youth operated by…
State Public Policy Claim Against Airline Preempted Because the Federal Aviation Act Occupies the Field of Aviation Safety
As Mr. Ventress learned the hard way – after three trips to the Ninth Circuit – it is tough to sue an airline for safety violations and/or termination for reporting safety violations. Mr. Ventress claimed he was retaliated against as a flight engineer because he reported safety concerns. The case…
Labor Arbitration May Preclude Common Law Claims Such as Wrongful Termination in Violation of Public Policy
The law is pretty well settled that a labor arbitration does not generally bar a unionized employee from bringing a claim under the Fair Employment and Housing Act, such as a discrimination, sexual harassment or retaliation claim. See Alexander v. Gardner-Denver (1974) 415 U.S. 36; Camargo v. California Portland Cement…
Employer Punished for Suing Employee in Retaliation for Employee’s Public Policy Suit
Dr. Jadwin sued his employer, Kern County, in federal court, for placing him on administrative leave in retaliation for his complaints about patient care and other violations. This underlying federal case subsequently resulted in a verdict of over $500,000.00 to Dr. Jadwin. Instead of heeding the warning of being particularly…
Sarbanes-Oxley Whistleblower Provision – as Pled- Protects Disclosures to Congress, Federal Agencies & Supervisors, But Not to the Press
Nicolas Tides and Matthew Neuman both worked for Boeing in the State of Washington and both were concerned that Boeing’s practices violated the Sarbanes-Oxley Act. The two employees complained internally, on multiple occasions, that they believed the system in place at Boeing permitted unauthorized users to alter the company’s internal…
Let Me Count the Ways Non-Compete Clauses are Illegal: Court of Appeals Holds that Firing an Employee because of a Prior Illegal Non-Compete Clause is itself Illegal & in Violation of Public Policy
By now this ought to be the accepted and undisputed black letter law: in the State of California, nothing good can come of a non-compete clause. A non-compete clause is generally illegal and in violation of the public policy set forth in California Government Code Section 16600. The reasoning is…