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California Employment Law Glossary

Public Policy Exception
Wrongful Termination

 

Definition


 

Even at-will employees cannot be lawfully fired for reasons that violate California's public policy. Courts have recognized that terminating an employee for serving on a jury, refusing to commit a crime, voting, or exercising certain statutory rights violates public policy regardless of any employment agreement. These firings give rise to Tameny claims - a type of wrongful termination lawsuit unique to California.


Frequently Asked Questions

A Tameny claim is a type of wrongful termination lawsuit based on a firing that violates a fundamental public policy, such as retaliating against an employee for refusing to break the law.

No. Firing an employee for serving on jury duty violates public policy and California's specific jury duty protections, and can support both a Tameny claim and a statutory retaliation claim.

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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.