What Is Public Policy?
Los Angeles Wrongful Termination Lawyer
There is a great deal of misunderstanding of what constitutes
wrongful termination against public policy. For example, if an employee complains to his boss
that the boss is giving false reports to upper management, and as a result
the boss fires the employee, the employee does not have a right to wrongful
termination based on public policy. This is because the action of the
boss does not affect the public at large.
However, if an employee is a quality control analyst and is asked by his
boss to certify aircraft parts, which do not meet specifications, the
employee's actions can put the public at risk. The public has an interest
in flying in airplanes in which the parts are not defective. Therefore,
the employee has a right to sue for wrongful termination based on public
policy if he is fired for refusing to certify the parts. At Alan Burton
Newman, PLC, our
Los Angeles employment law attorney can help you understand and protect your rights.
Labor Code Section 1102.5 is designed to protect
whistleblowers from wrongful termination. Prior to 2014, Section 1102.5 was limited to
cases where employees reported illegal activity to government or law enforcement
agencies. Since then, it has been amended to include cases where such
information is disclosed to a "person with authority over the employee
or to a person who has authority to investigate, discover or correct the
alleged violation or noncompliance." Employees in a broad range of
fields, including healthcare practitioners, are now protected from employer
retaliation after reporting illegal activity in the workplace.
Health and Safety Code Section 1278.5 takes this protection a step further
by providing whistleblower protections in situations where patient safety
is at risk.The statute prohibits a health facility from
retaliation against a patient, employee, member of the medical staff, or other healthcare
worker for reporting suspected unsafe patient care or conditions at the
facility. The statute further provides that if the retaliatory acts occur
within 120 days of disclosure, there is a rebuttable presumption that
the actions were done in retaliation for the disclosure.
Hire a Harvard Attorney for Your Public Policy Case
If you have had your job terminated because of reporting a danger and believe
that it is an issue of public policy, do not hesitate to contact Alan
Burton Newman to assist you with your case today. As a Harvard graduate and a
Los Angeles employment lawyer with over 30 years of experience,
Alan Burton Newman knows what it takes to fight for your rights. He proudly helps clients
like you in employment law cases and is dedicated to pursuing resolutions
with your best interests in mind.
Call Alan Burton Newman, PLC
today to get started with a
free case evaluation