Details continue to emerge regarding the termination from employment of the former Chief Technology Officer of Blue Cross Blue Shield of California. The former employee alleges that he was wrongfully terminated from his position for criticizing a contract agreed to by the company's CIO, his supervisor. He alleges that he repeatedly recommended an alternative plan that would have saved the organization $3 million dollars but was asked to cease discussing the issue by the CIO. He has also pointed out that his firing occurred one day before he was due a $450,000 bonus.
Employees in California are afforded various rights via federal and state law. Among them is protection from retaliation by their employer in the event that they file a complaint regarding the company or one of its other employees. Regardless of the cause of the complaint or whether it is filed internally or with an external agency, an employer cannot commit any adverse action against an employee in response.
Losing a job can be one of the most stressful experiences an adult can go through. However, that level of stress, frustration and sadness can be taken to an entirely new level if the termination was unjustified. This can often turn into a legal issue, as a recent case of apparent wrongful termination displays.
Employees are granted certain rights in regards to their employment with an organization. These protections allow employees to report perceived violations by their employer in good faith. Should the employer retaliate against a complaining employee, up to and including fining the employee, they may be subjected to significant financial penalties.
Many states across the country are at-will employment states. This means that an employer or an employee can terminate their employment at any time for almost any reason. However, there are certain reasons for which an employer cannot fire an employee. If an employee is fired for one of these reasons it could be illegal and considered a wrongful termination.
As many California residents are likely aware, everyone has bad days at work. However, when those bad days include discrimination, harassment or a hostile work environment, there may be illegal activities going on in the workplace. Employers must follow state and federal employment laws when it comes to the way they treat their employees.
As previous postings on this blog have discussed, whenever an employee who has been fired from his or her job feels he or she was wrongfully terminated, whether for discriminatory reasons, as a form of harassment, or retaliation, it is important that he or she seeks legal counsel. A California man's recent wrongful termination case is a perfect example of the compensation that may be recovered when a wrongfully discharged employee files suit against his or her former employer.
It is unfortunate, but true, to say that employees across the state of California are losing their jobs every day. In many of these cases, the employers have every right to terminate these employment contracts. However, employers must be careful and ensure that they are firing an employee or relieving them of their duties for legal reasons. If the reasons are illegal, then that termination of employment could result in a wrongful termination lawsuit.
Often enough, the outcome of a lawsuit depends at least in small part on the type of court that hears it. Part of litigation strategy in employment law and other areas is choosing whether to bring a case in state or federal court, if both have jurisdiction, along with whether to file individually or as a class action. Both plaintiffs and defendants try to gauge which court is more likely to be sympathetic to their case, whether state or federal law is more favorable to their position, and simply which court is more conveniently located.
The former manager of Walt Disney Co.'s collections and preservation department in Los Angeles has filed a lawsuit against the entertainment giant claiming that it had him shunned and abruptly fired him after he reported a subordinate's sexual harassment complaint. He claims that his superiors urged his co-workers to shun him, even going so far as to de-friend him on Facebook, and refused to give him any form of professional reference after firing him. In essence, he was blacklisted.