When an employee alleges that his or her employment has been terminated in violation of public policy, can they bring a claim against the employer for wrongful dismissal?

California, United States of America


The following excerpt is from Copeland v. Good Samaritan Hosp., H039933 (Cal. App. 2014):

"[T]he cause of action recognized in Tameny, supra, 27 Cal.3d 167, is defined primarily as a limitation imposed by law on the employer's power of dismissal[;] dismissal on improper grounds is a breach of duty. Accordingly, when an employee alleges that his or her employment has been terminated in violation of public policy, a cause of action will accrue at the time of dismissal for the purpose of the statute of limitations." (Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479, 501.)

Other Questions


Can an employer appeal against a motion to strike an employee's claim for wrongful termination because that claim arose from the employer's decision to terminate? (California, United States of America)
Can a plaintiff bring a claim for wrongful termination in violation of public policy? (California, United States of America)
What is the test for bringing a claim against a public employee or former public employee? (California, United States of America)
Can an employee bring a tort action for wrongful discharge in violation of public policy? (California, United States of America)
Does a finding that a cause of action for wrongful termination in violation of public policy may be based on a violation of section 98.6, subdivision (a), be improper? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Is there any cause of action for wrongful termination in violation of public policy for age discrimination? (California, United States of America)
What are the elements of wrongful termination in violation of public policy? (California, United States of America)
Does an employer have priority to paying attorney fees to an employee in a claim for wrongful dismissal? (California, United States of America)
Can a plaintiff bring a claim for damages under Section 1983 of the Criminal Code for wrongful imprisonment and/or wrongful imprisonment in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.