July 2003
WIN AT WORK MONTHLY
A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
Win at Work	Employee Rights Update
WHISTLE-BLOWER RIGHTS Whistle-blowers have substantial rights in the workplace. Some statutes specifically protect those who complain about discrimination, safety, medical leave, tax reporting and other laws. In fact, the Equal Employment Opportunity Commission recently reported that its third most frequent case involves retaliation. Even if legislation does not specifically address every whistle-blower, courts throughout the country have given them rights as a matter of “public policy.” However, it must concern a violation of a statute or constitutional provision of fundamental importance to society in general. For example, it is illegal as a matter of public policy to fire an employee for refusing to lie in a court proceeding. Whistle-blower rights may even apply to those who reasonably think a violation has occurred, even if it has not. So employees, speak up if something bothers you, especially if it’s illegal. Employers, focus on complaints not complainers, or you may be liable for both.	FREE SPEECH Three employees of the County of Riverside Department of Mental Health recently achieved a free speech victory over their employer in federal court. They combined their racial discrimination claims with a First Amendment free speech argument. The result was a $2.4 million jury verdict. Employee claims based upon public policy must generally state the violation of a public policy that is fundamental, beneficial to the public, and be contained in a statute or constitution. These claims provide many opportunities to remedy a wrongful termination. It is also most important that the employee adequately document the issue giving rise to the public policy claim. Such documentation may include emails, faxes or memos. However, the employee does not need to cite the exact law in the message to the employer. It is sufficient to describe the specific issue, but refer to an ordinary person’s understanding of the legal situation. Examples of public policy issues can include safety concerns, discrimination or whistle-blowing. Peter W. Taylor, Attorney
Update on our attorneys: Stephen Kimball finished teaching his course on Employment Law at a local law school. Don Sessions was quoted in the Los Angeles Times on SARS issues in the workplace
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at dds@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2003 by Don D. Sessions.