One question that often comes up in the employment law context is whether or not someone has to actually lose his or her job in order to sue for wrongful termination. While logically it makes sense that a “termination” is an integral part of a “wrongful termination,” there are exceptions to every rule.
Earlier cases seemed to require an actual or constructive discharge to give rise to a claim for wrongful discharge in violation of public policy. Foley v. Interactive Data Corp., (1988) 47 Cal. 3d 654.
More recent cases seem to suggest otherwise. More recent caselaw provides that Tameny’s claims may be maintained where the plaintiff was demoted or suspended without pay for a reason that violated public policy: “[A]n employee can maintain a tort claim against his or her employer where disciplinary action has been taken against the employee in retaliation for the employee’s ‘whistle-blowing’ activities, even though the ultimate sanction of discharge has not been imposed.” Garcia v. Rockwell Int’l Corp. (1986) 187 CA3d 1556, 1562 (disapproved on other grounds by Gantt v. Sentry Ins. (1992) 1 C4th 1083); see also Anderson v. Pacific Bell (1988) 204 CA3d 277, 283.
Thus, technically speaking, one can maintain a Tameny claim based upon some adverse employment action other than termination, but whether or not one should is an entirely different story.
What to Do If Wrongful Termination is Suspected
Folks who are experiencing difficulties at work and are contemplating a wrongful termination lawsuit against their employer would do well to speak with an experienced employment lawyer to find out more about their rights. The steps that an employee takes while the employee is still employed can significantly impact the outcome of any potential employment case they may later wish to bring. As the old saying goes, an ounce of prevention is worth more than a pound of cure.
Contact Akopyan Law Firm A.P. C. for Advice
While wrongful termination claims can arise even without job loss, the decision to pursue legal action requires careful consideration and expert guidance. Consulting with an experienced employment attorney can empower individuals to make informed choices, protect their rights, and potentially seek compensation for workplace injustices.
Akopyan Law Firm, A.P.C. proudly services clients in Burbank, Glendale, Orange, and across Southern California. Our lawyers are fierce and experienced advocates. We work on a contingency fee basis, so there’s no need to worry about high hourly fees or costly retainers. We get paid a percentage of what we recover for you. Don’t just take our word for it – we have received glowing testimonials from numerous satisfied clients. If you’re in Southern California, and searching for wrongful termination attorneys, look no further than Akopyan Law Firm, A.P.C. Contact us today for a complimentary case evaluation. Ready to safeguard your career? Click here for expert guidance on navigating wrongful termination cases.