98 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com because the Labor Code provision forbidding retaliation for such a filing also limits the remedy for that retaliation. The Court of Appeal reasoned that allowing a plaintiff to sue in tort for a violation of that provision would permit remedies and procedures broader than those provided by the statute itself, and thus concluded that the Labor Code provision cannot serve as the basis for a tort claim of wrongful termination in violation of public policy.163 5.4.3 Retaliatory discharge claims Retaliatory discharge claims generally arise in one of four situations: the employee was fired or demoted for (1) performing a statutory obligation (e.g., jury duty), (2) refusing to break the law (e.g., committing perjury), (3) exercising (or refusing to waive) a statutory or constitutional right or privilege, or (4) reporting in good faith an alleged violation of a statute of public importance.164 Here are examples of permitted wrongful termination claims. Performing a statutory obligation. California employees can sue for breach of public policy when they are fired or demoted for taking time off to serve as an election officer.165 Refusing to break the law. California employees can sue for breach of public policy when fired or demoted for refusing to engage in illegal price-fixing,166 refusing to implement a fraudulent pricing scheme,167 or defying an employer’s instruction to commit perjury.168 Exercising a constitutional or statutory right. California employees can sue for breach of public policy when fired or demoted for accepting employment in breach of an invalid noncompete covenant with a prior employer,169 claiming in good faith (even if mistakenly) entitlement to overtime premium pay,170 refusing to submit to a random drug test, in violation of constitutional privacy provisions that apply to private as well as public employers,171 refusing to enroll in an inpatient alcohol rehabilitation program,172 resisting sexual harassment that violates constitutional provisions forbidding sex discrimination by private as well as public employers,173 hiring a lawyer to negotiate conditions of employment,174 appearing on a radio show to support a political candidate in a local election and to criticize a Member of Congress for supporting the candidate’s opponent,175 taking leave under the California Family Rights Act,176 or discussing with co-workers the fairness of the employer’s bonus system.177 Reporting a suspected violation of law. California employees can sue for breach of public policy when fired or demoted for reporting an alleged violation of a health and safety statute,178
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