Employer Did Not Violate Public Policy In Favor Of Self-Defense By Terminating Employee For Fighting
Escalante v. Wilson’s Art Studio, Inc., 109 Cal. App. 4th 692 (2003)
Wilson’s Art Studio terminated Hector Escalante’s employment as a printer after he was physically attacked by another employee, but failed to leave the scene, deciding instead to go back to fight. In his wrongful termination lawsuit, Escalante, an at-will employee, alleged that Wilson’s had violated public policy by terminating him for exercising his right to self-defense. The Court of Appeal reversed the judgment that had been entered in favor of Escalante following a jury verdict on the ground that Wilson’s did not violate public policy by requiring all of its employees, including Escalante, to avoid violent conflict whenever possible.
