What is Public Policy Employment?
Public Policy Employment refers to an area of employment law that protects employees from being fired or retaliated against for reasons that violate a public policy or law. In other words, employees cannot be terminated, disciplined, or discriminated against for engaging in activities that are in the public’s best interest or against certain protected rights, even if they occur outside of traditional employment contracts.
The essence of public policy protections is to ensure that employees are not forced to choose between keeping their job and doing the right thing. This legal doctrine is especially relevant for wrongful termination cases when an employee’s dismissal is based on engaging in activities that align with societal or legal expectations—such as whistleblowing, refusing to engage in illegal acts, or taking leave for medical or family-related reasons.
Key Aspects of Public Policy Employment
Wrongful Termination in Violation of Public Policy
- A wrongful termination claim arises when an employee is fired for a reason that contravenes established public policy. Public policy generally refers to the principles that benefit society or that are established by law or regulation.
- Example: An employee who is terminated after reporting safety violations at their workplace (such as unsafe working conditions) may have a wrongful termination claim based on public policy protection for whistleblowers.
Whistleblower Protections
- Whistleblower protection laws are a key component of public policy employment. These laws protect employees from retaliation when they report illegal activities, safety violations, fraud, or unethical practices within the organization or to governmental authorities.
- Example: A healthcare worker who reports violations of patient care standards or illegal billing practices cannot be legally fired for making that report.
Refusal to Participate in Illegal Activities
- Employees are also protected if they refuse to participate in illegal activities at work. An employee cannot be terminated for refusing to engage in actions that would violate the law, public policy, or ethical standards.
- Example: An employee who refuses to participate in falsifying financial records or covering up criminal activity cannot be fired for their refusal.
Taking Leave Under State or Federal Law
- Employees are protected from retaliation or termination when they exercise their rights to take leave under public policy provisions such as the Family and Medical Leave Act (FMLA) or state-specific family leave laws.
- Example: An employee who takes leave to care for a seriously ill family member or to recover from their own medical condition under FMLA cannot be fired for taking the leave.
Refusal to Engage in Discriminatory Practices
- Employees are also protected when they refuse to participate in discriminatory practices such as racial, gender, or age-based discrimination, either in the hiring process or in workplace decisions.
- Example: A supervisor who refuses to promote an employee based on gender or race discrimination may be protected under public policy laws that prevent retaliation for standing against unlawful practices.
Examples of Public Policy Violations
Here are common scenarios in which public policy principles can come into play in the workplace:
- Whistleblowing on Illegal Activities: An employee reports that their employer is violating environmental laws, financial regulations, or health and safety codes.
- Refusing to Engage in Fraudulent Activities: An employee refuses to participate in or report fraudulent accounting practices, such as inflating profits or falsifying tax filings.
- Exercising Rights Under Family and Medical Leave Laws: An employee takes time off for personal medical reasons or to care for a sick family member and is subsequently fired for using their legal right to do so.
- Refusal to Engage in Discriminatory Conduct: An employee refuses to comply with a supervisor’s directive to discriminate against a potential hire based on race, gender, or national origin.
- Engaging in Public Advocacy: An employee participates in public advocacy or social justice movements, such as organizing a protest or petition against workplace policies, and is fired in retaliation.
Legal Protections and Public Policy Doctrines
Under public policy employment law, certain activities are protected, and wrongful termination due to these actions can give rise to a lawsuit. The following laws and doctrines help define and enforce public policy employment rights:
Whistleblower Protection Laws:
- Federal Whistleblower Protection Act (WPA): Protects federal employees from retaliation when reporting illegal activities within the government.
- State Whistleblower Laws: Many states have their own laws protecting employees who report violations of state or federal laws.
Family and Medical Leave Act (FMLA):
- 29 U.S.C. § 2615(a)(2): Protects employees from retaliation for taking time off under FMLA to care for themselves or a family member with a serious health condition.
Occupational Safety and Health Act (OSHA):
- 29 U.S.C. § 660(c): Prohibits retaliation against employees for reporting workplace safety violations or participating in OSHA investigations.
State Public Policy Exceptions to “At-Will” Employment:
- In many states, employees who are terminated for reasons contrary to public policy (such as reporting illegal activities or refusing to break the law) can sue for wrongful termination. These exceptions are often codified in state law.
- Example: California’s “Whistleblower” law protects employees from retaliation when they report illegal activity, even in situations where they might otherwise be considered at-will employees.
State-Specific Family Leave Laws:
- States may have additional laws that provide greater protection than FMLA or prohibit retaliation against employees who take time off for reasons such as pregnancy, family illness, or personal medical needs.
What to Do if You Are a Victim of Public Policy Violation
If you believe that you’ve been wrongfully terminated or retaliated against in violation of public policy, here are the key steps you should take:
Document the Circumstances:
- Record the details of any retaliatory actions taken against you, including when and why you believe your termination or retaliation occurred. Ensure you have records of any complaints you made, whistleblowing reports, or activities you were engaged in that could be protected under public policy.
Review Company Policies:
- Review your employer’s handbook or policies regarding reporting concerns or disputes. Many employers have internal reporting mechanisms for whistleblowing or complaints.
File a Formal Complaint:
- Depending on the nature of the public policy violation, file a formal complaint with the relevant authority. This could be a state labor board, EEOC, OSHA, or another government body.
Consult with an Employment Attorney:
- If you suspect you have been a victim of wrongful termination or retaliation, it is important to consult with an employment lawyer to understand your rights and explore potential legal action. An attorney can guide you on the best course of action and help file a lawsuit if necessary.
Seek Legal Remedies:
- If your case is successful, potential remedies can include reinstatement to your previous position, back pay, compensatory damages, and sometimes punitive damages if the employer acted in bad faith or with malice.
Relevant Legal Articles and Statutes
- Whistleblower Protection Act – 5 U.S.C. § 2302(b)(8) (protects federal employees from retaliation for whistleblowing)
- Family and Medical Leave Act (FMLA) – 29 U.S.C. § 2615(a)(2) (prohibits retaliation against employees for taking FMLA leave)
- Occupational Safety and Health Act (OSHA) – 29 U.S.C. § 660(c)(1) (prohibits retaliation for reporting workplace safety violations)
- California Labor Code § 1102.5 (California’s whistleblower protection law)
- State Laws on Wrongful Termination (varies by state; most states provide a public policy exception to at-will employment)
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