A Tameny claim arises in the context of wrongful termination litigation and is an important consideration in employment law. Named after the landmark case Tameny v. Atlantic Richfield Co., this legal theory allows an employee to assert a claim for wrongful termination when they have been fired in violation of public policy. The claim is significant because it provides a legal remedy for employees who suffer retaliation from their employers for exercising certain rights or for acting in accordance with public interest.

Background of Tameny Claims

In Tameny v. Atlantic Richfield Co., decided by the California Supreme Court in 1980, the court recognized that an employee has a right to be free from termination that violates fundamental public policy. In this case, the employee, Tameny, was terminated for refusing to engage in illegal activities as directed by his employer. The court found that terminating an employee for refusing to commit unlawful acts contravenes public policy and, therefore, supported a wrongful termination claim.

Elements of a Tameny Claim

To establish a Tameny claim, an employee typically must demonstrate the following elements:

1. Employment Status: The individual must be an employee of the company, not an independent contractor or other non-employee status.
2. Termination: The employee must have been terminated from their position, which can include being fired, laid off, or otherwise forced out.
3. Public Policy Violation: The employee’s termination must violate a clear and established public policy. This could include, but is not limited to, whistleblowing, refusing to engage in illegal conduct, or taking part in protected activities such as filing a complaint or cooperating in an investigation.
4. Causal Connection: There must be a direct link between the employee’s termination and their actions that are in line with public policy. The employee must show that the termination was motivated by their refusal to perform illegal acts or their engagement in protected activities.

Examples of Tameny Claims

Tameny claims can arise in various scenarios, including:

• Whistleblower Retaliation: An employee reporting unsafe working conditions or fraud may be terminated by their employer in retaliation. If the reporting is in accordance with the law, the employee may have grounds for a Tameny claim.
• Refusal to Perform Illegal Acts: If an employee is asked to perform tasks that are illegal, such as falsifying documents, and they refuse, their subsequent termination can be challenged under Tameny.
• Discrimination Against Protected Activities: Termination of an employee for participating in legally protected activities, like union organizing or filing a sexual harassment claim, can form the basis for a Tameny claim.

Legal Framework and Implications

Tameny claims exist primarily in at-will employment states, where employers can terminate employees without cause. However, the recognition of Tameny claims reflects a limit on the employer’s prerogative to terminate. This legal doctrine emphasizes the fundamental principles of justice and fairness in the workplace and underscores the importance of protecting employees who act in the interest of public welfare.

The Process of Filing a Tameny Claim

1. Consultation with an Employment Lawyer: Individuals believing they have a Tameny claim should consult with a qualified employment attorney. The lawyer can provide advice on the merits of the case, gather necessary evidence, and prepare for legal proceedings.
2. Gathering Evidence: Documentation is essential in Tameny claims. Employees should collect evidence that supports their assertion of being wrongfully terminated, such as emails, witness statements, or any correspondence with the employer regarding the termination.
3. Filing a Claim: A Tameny claim is typically filed in civil court, often as part of a wrongful termination lawsuit. This includes submitting a complaint that outlines the facts of the case and the legal basis for the claim.
4. Discovery and Trial: After filing a claim, the discovery phase begins, where both parties exchange information and evidence. If the case does not settle, it may proceed to trial, where both sides will present their case.

Potential Outcomes of a Tameny Claim

If successful in a Tameny claim, the employee may receive compensation for lost wages, emotional distress, and other damages resulting from wrongful termination. In some cases, punitive damages may also be awarded if the employer acted with malice or oppression. Additionally, the court may order reinstatement or other equitable remedies.

Conclusion

Understanding Tameny claims is crucial for employees, employers, and legal professionals alike. These claims serve as a powerful means to protect employees from retaliatory actions by employers when they act in accordance with public policy. By recognizing and enforcing Tameny claims, the legal system underscores the value of honesty, integrity, and adherence to the law in the workplace. Employees facing wrongful termination should be aware of their rights and consider legal action if they believe their termination violates public policy. The law office of Cohen & Cohen can provide essential support and guidance in navigating this complex area of employment law.