Prue v. Brady Co./San Diego, Inc., 196 Cal. Rptr. 3d 68 (Cal. Ct. App. 2015)

Adam Prue alleged wrongful termination of his employment based upon a work related injury, which violated the public policy set forth in Labor Code § 132a. The trial court granted the employer’s motion for summary judgment on the grounds that Section 132a “cannot be the basis for a tort action for wrongful termination” and that the claim was barred by the one-year statute of limitations set forth in Section 132a. The trial court also denied Prue’s motion for leave to file an amended complaint to add a cause of action for violation of the public policy represented by the Fair Employment and Housing Act (FEHA). The Court of Appeal reversed and held that the complaint alleged sufficient facts showing that the termination of Prue’s employment violated FEHA’s public policy against discrimination based upon a disability as well as the public policy supporting Section 132a. Similarly, the Court held that the two-year statute of limitations applicable to common law tort actions applied, not the one-year statute found in Section 132a. The trial court also erroneously denied Prue leave to amend his complaint.