Can an employee bring a tort action for wrongful discharge in violation of public policy?

California, United States of America


The following excerpt is from Barrette v. Chevron Corp., F070821 (Cal. App. 2016):

An employee may bring a tort action for wrongful discharge in violation of public policy when the "discharge contravenes the dictates of fundamental public policy. This cause of action 'is an exception to the general rule ... that unless otherwise agreed by the parties, an employment is terminable at will.'" (Sistare-Meyer v. Young Men's Christian

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Assn. (1997) 58 Cal.App.4th 10, 14.) "[A] policy may support a wrongful discharge claim only if it satisfies four requirements. The policy must be (1) delineated in either constitutional or statutory provisions; (2) 'public' in the sense that it 'inures to the benefit of the public' rather than serving merely the interests of the individual; (3) well established at the time of the discharge; and (4) 'substantial' and 'fundamental.'" (Stevenson v. Superior Court (1997) 16 Cal.4th 880, 901-902.)

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