Legal Question in Employment Law in California
I reported a perceived safety violation to OSHA about my employer. I did try to fix it with employer first, but I was not taken seriously. OSHA came to work site and conducted an investigation. That same week, I was given an untimely and unwarranted performance review. I was not due for a performance review for another 8 months as I had just had one a few months prior.
By the end of performance evaluation I was discharged for insubordination. Since I am under a contract, I am not an at-will employee. The contract has specific reasons for justified discharges. The employer failed to provide a specific reason and valid instruction that I willfully failed to follow.
As a result, we ended up at arbitration and the arbitrator decided in my favor. I was awarded my job back and full back pay. However, the contract does not allow for punitive damages. Only back pay and lost benefits.
My question:
Do I have a case for a civil lawsuit for punitive damages even though it's been decided by arbitration? The case would be brought under wrongful discharge for retaliation for reporting an OSHA violation.
2 Answers from Attorneys
As part of the arbitration agreement, you may have waived your right to bring any other action against your employer. You should check to see if that is so.
Hello.
It sounds like your arbitration might have not covered violations other than breach of contract. In other words, the arbitrator has determined that there was no just cause for your termination.
However, you might have claims for retaliation and wrongful discharge in violation of public policy as it is unlawful to terminate an employee for reporting safety violations, unless the release you signed in exchange for the settlement waived any and all claims arising out of your termination.
Thanks, and feel free to follow up.
Sincerely,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
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