Do you believe you were wrongfully terminated? Were you retaliated against by an employer? While most employees are “at will” employees, meaning they can be terminated at any time, this still must be within the bounds of both law and public policy. Wrongful termination actions can be made based on applicable state and federal statutes. They can also be made under a violation of public policy. This is known as a “Tameny” action. This is derived from the California Supreme Court case Tameny v. Atlantic Richfield.
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What Is A Tameny Action?
In a Tameny action, the employee is claiming wrongful termination under a violation of public policy. Rather than suing under a federal or state employment discrimination statute, this claim is made under common law. For example, suppose a truck driver is injured in an accident while on the job. He has become disabled. He is subsequently fired. The employee truck driver could make a Tameny action for wrongful termination, due to violating public policy.
In general, in order to prove a Tameny action, the employee must show:
- An employee-employer relationship
- Termination or adverse action in violation of public policy
- Damages suffered
Contact Us For A Skilled Orange County Tameny Action Attorney
Are you the victim of wrongful termination? Or of retaliation? Gigliotti & Gigliotti can help you. With more than 25 years of experience in employee rights matters, we provide exceptional legal representation. Call 800-560-1081 to schedule your free initial phone consultation today.