Category Archives: Wrongful Termination

Administrative Regulations Count as Fundamental Public Policy for Wrongful Termination Claims

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.

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Employers Cannot Terminate Victims of Serious Crimes Who Take Time Off to Attend Court Proceedings

Laws You Should Know – Labor Code § 230.5  – Branigan Robertson is a California employment lawyer. Call for a free consultation. Governor Brown signed into law SB 288 this year. The bill adds Section 230.5 to the California Labor Code. The new law makes it illegal for employers to fire employees who are victims of violent crimes who take time off to attend court proceedings. Here is an abridged version of the statute:

Labor Code 230.5

(a) (1) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim of an offense listed in paragraph (2) for taking time off from work, upon the victim’s request, to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding in which a right of the victim is at issue.

(2) The offenses include all of the following:
(A) Vehicular manslaughter while intoxicated
(B) Felony child abuse likely to produce great bodily harm or a death, as defined in Section 273a of the Penal Code.
(C) Assault resulting in the death of a child under eight years of age, as defined in Section 273ab of the Penal Code.
(D) Felony domestic violence, as defined in Section 273.5 of the Penal Code.
(E) Felony physical abuse of an elder or dependent adult, as defined in subdivision (b) of Section 368 of the Penal Code.
(F) Felony stalking, as defined in Section 646.9 of the Penal Code.
(G) Solicitation for murder, as defined in subdivision (b) of Section 653f of the Penal Code.
(H) A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code.
(I) Hit-and-run causing death or injury, as defined in Section 20001 of the Vehicle Code.
(J) Felony driving under the influence causing injury, as defined in Section 23153 of the Vehicle Code.
(K) Sexual assault as set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288, 288.5, 288a, 289, or 311.4 of the Penal Code.

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