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In August of 1998, the California Supreme Court made a decision that may affect the number of lawsuits filed for wrongful termination. The court recognized that a regulation issued by an administrative body (rather than a statute or constitutional provision) may form the basis for a wrongful termination in violation of public policy claim.
Justice Janice R. Brown of the California Supreme Court affirmed an appeals court ruling by explaining, "The proper inquiry for the jury…is not, 'Did the employee in fact commit the act leading to dismissal?' It is, 'Was the factual basis on which the employer concluded a dischargeable act had been committed reached honestly, after an appropriate investigation and for reasons that are not arbitrary or pre-textual?'"

Wrongful Termination


WRONGFUL TERMINATION is when an employee is discharged without good cause.

Most states generally follow the employment at will doctrine. This means that an employer or employee can terminate employment at any time for any non-discriminatory reason. However under certain situations, a discharge may constitute wrongful termination. An employer can not fire an employee because of his or her race, religion, color, national origin, age, gender, or handicap. Additionally an employee can not be fired for refusing to violate statutory laws.



Good cause may include violation of an employer's work rules or habitual neglect of work duties.



If an employment agreement requires good cause, then an employer who terminates with out cause can be subject to a civil law suit for wrongful termination. Thorough background checks can help establish a potential employee's work habits as they pertain to work rules and performance.

Know your employees
And
Establish your rules
Think before termination and screen all potential new hires.


Projects Investigative Services makes it possible to thoroughly investigate the backgrounds of your prospective employees and offers plans that range from basic to custom by design.


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