What are the elements of a wrongful discharge claim?
MultiRegion, United States of America
The following excerpt is from Bess v. Adams & Assocs., Inc., No. 2:17-cv-00173-TLN-KJN (E.D. Cal. 2017):
"The elements of a claim for wrongful discharge in violation of public policy are (1) an employer-employee relationship, (2) the employer terminated the plaintiff's employment, (3) the termination was substantially motivated by a violation of public policy, and (4) the discharge caused the plaintiff harm." Yau v. Allen, 229 Cal. App. 4th 144, 154 (2014).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff bring a constructive discharge claim against her employer for breach of contract, constructive discharge and wrongful dismissal? (MultiRegion, United States of America)
What are the elements of a wrongful foreclosure claim? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
What is the test for determining whether a state or federal court is bound by law to uphold a claim that the facts of the claim were wrong? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Does a claim of wrongful termination under Title VII under federal law apply the same burden-shifting analysis as a racial discrimination claim? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
Can a plaintiff bring a claim for wrongful arrest, malicious prosecution and wrongful imprisonment? (MultiRegion, United States of America)
