Category Archives: Wrongful Termination

California is an at-will state. Thus, employers often believe that they can fire an at-will employee at any time for any reason. This is false. Under California law, an employer can fire an employee for any reason except for a reason that violates public policy. Generally, being terminated for a reason that violates public policy overrides the at-will employment doctrine. However, the question comes down to what constitutes a violation of public policy? This is a good question for an employment law attorney to answer.

Wrongful Termination Verdict

In Macdonald v. Ascent Media Group, Inc., et al, the plaintiff was hired as a creative director for defendant, a Hollywood visual effects company. The plaintiff complained to a senior executive at the company that his supervisor was using cocaine at work. The very next day the plaintiff was terminated. Fortunately, plaintiff retained employment law attorneys and sued company for wrongful termination.

At trial, the plaintiff argued that he was wrongfully terminated in violation of public policy for reporting his supervisor’s drug use, and that the plaintiff was fired in order to protect the reputation of the company and the supervisor. The defendant argued that the plaintiff was fired because the company was concerned about protecting the privacy of its employees. The jury found that plaintiff was wrongfully terminated in violation of public policy and subsequently awarded the plaintiff $450,000.

Employment Law Attorneys Can Help You

Other examples of reasons for termination that violate public policy include gender discrimination, race discrimination, family or medical leave discrimination, political activity, whistle-blowing, refusing to sign a non-compete agreement, and testifying at a hearing. This is not an exclusive list of reasons for termination that violate public policy. There are many more reasons that qualify as wrongful termination. If you feel you have been wrongfully terminated, and you would like to know whether your employer has in fact wrongfully terminated you, contact an employment law attorney immediately.

There are many lawyers across California. There are approximately 1500 or so who would classify themselves exclusively as a wrongful termination lawyer. A wrongful termination lawyer is someone who exclusively represents employees alleging that they were wrongfully terminated from their job. Usually, these lawyers work on a contingency fee which means they only get paid if they are successful in recovering a sum of money for the client.

Who is the Best Wrongful Termination Lawyer?

There are lots of fantastic wrongful termination lawyers in California. However, the best lawyer on the planet will do a terrible job on your case if he or she does not have the time or energy to dedicate to it. There are numerous public accounts of great attorney’s who simply became too busy that they failed to file someone’s case on time or who neglected the case and it got dismissed for failure to prosecute.

There are many different types and sizes of wrongful discharge cases, and it would be wise to hire the attorney who seems best suited for your case. That could be a “big-name” attorney in a highrise, or it might be your cousin’s friend who just started practicing employment law six months ago and doesn’t even have an office yet.

Therefore, the best attorney for your case isn’t necessarily the guy who recently got a multimillion dollar verdict. It is more likely the attorney who believes in your case and is willing to invest his time, money, and efforts to ensure its success. Therefore, we feel it is extremely important that you feel comfortable that your lawyer is going to give your case the effort that is necessary. Some cases require more, some less. It all depends.

Branigan Robertson – A Different Kind of Wrongful Termination Lawyer

Mr. Robertson takes his job seriously, and he only takes cases where the employer has committed a serious wrong which damaged the employee in a significant way. The results he has obtained so far in his career prove that his litigation and negotiation strategy work extremely well. Mr. Robertson is also picky – only taking cases in which he is 100% confident that his client is telling the truth and nothing but the truth.

Mr. Robertson only takes a few cases each year and puts a lot of effort into each one. Some lawyers have the mentality that “more cases means I’ll make more money.” Rarely that proves to be true. Therefore, if you believe that you have a case, we urge you to call our office to see if Mr. Robertson is interested. Even if he doesn’t take your case, he will likely refer to you someone he believes will have the time and energy to throw themselves behind your employment case.

Learn about types of wrongful discharge cases by visiting our wrongful termination page and then call to receive a free consultation.

Attorney Case Law Update: Green v. Ralee Engineering Company – Branigan Robertson is a California employment lawyer who focuses his practice on wrongful termination cases. Call for a free consultation with an attorney.

Facts of the Case

While this is not new case, it is an important one. Richard Green worked for Ralee Engineering Company, a company that manufactured airplane parts major aircraft manufacturers such as Boeing and Northrop. Mr. Green was a quality control inspector.

In 1990, Mr. Green noticed that his company was shipping some airplane parts even though they failed the inspections his QA team performed. On several occasions over the next two years, Plaintiff objected to Ralee’s practice to management and the company president. He was ignored. What is important to note is that Mr. Green did not report his company to outside governmental authorities or to the Federal Aviation Administration (FAA). Two years after he started making complaints, Mr. Green was “laid off.”

Legal Position – Was this a Valid Wrongful Termination Case?

The big question for the case was whether FAA “administrative regulations” pertaining to the manufacture of airplane parts could be a source of fundamental public policy that would limit an employer’s right to fire an at-will employee. Congress gave the FAA the obligation to promote safe flight of civil aircraft in air commerce by prescribing minimum standards required in the interest of safety for the design, material, construction, quality of work, and performance of aircraft. The FAA, in turn, established a intricate regulatory scheme in order to ensure that aircraft design meets safety standards and aircraft manufacture conforms to the design.

These regulations require manufacturers (such as Boeing) to establish quality control inspection programs for components they produce and ensure their subcontractors do the same. Protecting airline passengers, therefore, is the relevant fundamental public policy at issue. The significant safety regulations that the FAA promulgated to implement the act, which require prime manufacturers to establish detailed inspection systems for components they produce and to ensure that their subcontractors or suppliers do the same, are implicated in this case.

Court Holding

In the end, the California Supreme Court held that Mr. Green was allowed to move forward with his wrongful termination claim. “Allowing defendant to discharge plaintiff with impunity after he sought to halt or eliminate its alleged inspection practices would only undermine the important and fundamental public policy favoring safe air travel.” Mark this down as a victory for employees throughout California.