Legal Question in Employment Law in California

Wrongful Discharge

Can I recover punitive damages for dismissal from State Service after I was vindicated at the State Personnel Board, Superior Court and Appellate courts levels.? (Along with backpay).

Some of the allegations brought against me were erroneous and without merit. Some were not even written policy in the institution still they were used in my adverse action.The normal range for a SPB hearing is 6 mos, mine yook 5 years because the plantiff appealled unnecessarily.


Asked on 6/29/01, 6:07 pm

1 Answer from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Wrongful Discharge

You cannot sue the state for punitive damages, but you may be able to sue for damages for your humiliation, embarassment, pain and suffering, if you can establish that the dismissal violated a statutory or constitutional right. An attorney would need more details to determine whether you have any basis for a lawsuit.

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Answered on 7/06/01, 9:03 pm


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