California | Employment Law
Legal Question
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.
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