California Employment Law Update

Tag Archives: Wrongful Termination in Violation of Public Policy

Employee Could Proceed With Whistleblower Lawsuit Based On Employer’s Mistaken Belief She Had Complained

Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public policy that resulted from the director’s mistaken belief that Diego had lodged a complaint with the California Department of Social Services, which … Continue Reading

Wrongful Termination Claim Based Upon Workers’ Compensation Filing Was Properly Dismissed

Dutra v. Mercy Med. Ctr. Mt. Shasta, 209 Cal. App. 4th 750 (2012) Michelle Dutra sued Mercy Medical Center for wrongful termination in violation of public policy based upon Cal. Labor Code § 132a (prohibiting discrimination against an employee who has filed a workers’ compensation claim). After a jury was selected, the trial court granted … Continue Reading

“A Motivating Reason” Jury Instruction Is Upheld In Pregnancy Discrimination Case

Alamo v. Practice Mgmt. Info. Corp., 2012 WL 4450066 (Cal. Ct. App. 2012) Lorena Alamo sued her former employer Practice Management Information Corp. (“PMIC”) for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act (“FEHA”) and wrongful termination in violation of public policy. Alamo was terminated for poor work performance … Continue Reading

Desperate Housewife’s Wrongful Termination Claim Should Have Been Dismissed

Touchstone Television Prods. v. Superior Court, 208 Cal. App. 4th 676 (2012) Touchstone had an agreement with actress Nicollette Sheridan that gave it the exclusive option to renew Sheridan’s contract on an annual basis for an additional six seasons (after the first season) of the television show “Desperate Housewives.” Sheridan sued Touchstone for wrongful termination … Continue Reading

Court of Appeal Rules That California Law Applies to Delaware Corporation’s CEO’s Wrongful Termination Claim

On May 23, 2012, the California Court of Appeal addressed a question of first impression: Does California law govern a corporate officer’s claim against an out-of-state corporation for  constructive wrongful termination in violation of public policy? The appellate court answered in the affirmative, thus limiting the application of the so-called “internal affairs doctrine.” Lidow v. … Continue Reading

Employee Who Was Threatened And Assaulted By Co-Worker Stated Wrongful Termination Claim

Franklin v. The Monadnock Co., 151 Cal. App. 4th 252 (2007) Calvin Franklin alleged that a co-worker had threatened to have him and three other employees killed, that Monadnock did nothing in response to the threats and that the co-worker thereafter assaulted him with a screwdriver. After Franklin reported the threats and the assault to … Continue Reading
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