Legal Question in Employment Law in California
How do you sue the City of Los Angeles for wrongful discharge? I was an employee, fired because I was going to report some illegal activities. I did my own complaint, but I have to amend it because Gov't Code section 815 says that public entities have no liability under common law actions. I also sued for breach of employment agreement, but the court made me amend that, too, saying that employees of a city are employed by statute, not contract.
OK. So, I can't sue for wrongful termination, and I can't sue for breaching my employment contract.
I know the city was wrong. What do I sue them for?
Thank you.
3 Answers from Attorneys
If you have a case that is worth anything, you should be able to find a lawyer who will take it on a contingent fee basis. Get some referrals from the LA County Bar Association and let them review all the facts and details. They will tell you whether you have a case or not, and if so, will pursue it for you.
In general you can't sue a govt agency for termination, as you have found. However, IF you can show the termination violated the 'whistle-blower' statutes, you could bring that as a tort claim and lawsuit. Your burden of proof is high, as in any litigation. Unless you can show you actually made a reporting of illegal or unethical violations to appropriate enforcement authorities or the management of your agency, and were then fired, you will have a problem proving mgmt knowledge of your whistle-blowing. Your word and your thinking of 'going to report' is insufficient. If you think you can prove what is needed, feel free to contact me for the legal help you'll need.
You're not going to be able to do this alone. Go to CELA.org (California Employment Lawyers Association), do a member search for attorneys in your area and make some calls. Please contact me at (213) 381-6557 or [email protected] if you would like to discuss the matter further.
All the best,
Ari Leichter
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