Whistle Blower Claims

Claims arising from an employee's "blowing the whistle" on illegal conduct by the employer arise in a wide variety of circumstances. These claims are also known as claims for wrongful termination in violation of public policy. An employer may be liable for terminating an employee for performing an act that is in the public interest or for refusing to perform an act that public policy condemns. The public policy at issue must be embodied in the federal or state Constitution, a federal or state statute, or a regulation that is authorized by statute and which embodies a fundamental public policy.

Thus, a claim for wrongful termination in violation of public policy may arise where an employer:

• Terminates an employee for refusing to violate the law;
• Terminates an employee for performing a statutory obligation, such as reporting a safety violation;
• Terminates an employee for exercising a statutory right or privilege; or
• Terminates an employee for reporting to governmental authorities an alleged violation of a right or privilege granted by law, such as when an employee is terminated in retaliation for complaining about discrimination.

Remedies for wrongful termination in violation of public policy include lost earnings, emotional distress damages, and punitive damages.

Some statutes such as the California Labor Code and the Sarbanes-Oxley Act expressly provide remedies for whistle blowers, as well as attorney fees.