Smith v. IBEW, Local 11, 109 Cal. App. 4th 1637 (2003)

Donald Smith was terminated from his job as a union organizer for Local 11 of the International Brotherhood of Electrical Workers (IBEW). Smith alleged that his employment was terminated in violation of the public policy against age and disability discrimination and in violation of the California Fair Employment and Housing Act. The Court of Appeal held that the trial court had properly dismissed Smith’s claim for breach of contract on the ground that it was preempted by the Labor Management Reporting and Disclosure Act (LMRDA). However, the Court held that the LMRDA did not preempt Smith’s claims for discrimination and violation of public policy. Further, the Court held that the Workers’ Compensation Act did not provide the exclusive remedy for Smith’s claims for intentional and negligent infliction of emotional distress.