In what circumstances will a plaintiff be able to bring a claim for wrongful termination under the California Workers' Compensation Act?

California, United States of America


The following excerpt is from Cabesuela v. Browning-Ferris Industries of California, Inc., 68 Cal.App.4th 101, 80 Cal.Rptr.2d 60 (Cal. App. 1998):

In their demurrer to the fifth cause of action defendants took the position that plaintiff's claim for injury arising out of his termination was barred by the exclusive remedy provisions of the Workers' Compensation Act, since termination is a normal and inherent part of employment. (See Shoemaker v. Myers (1990) 52 Cal.3d 1, 18, 276 Cal.Rptr. 303, 801 P.2d 1054.) The demurrer was apparently sustained on this theory. In light of our conclusion that plaintiff has stated a cause of action for wrongful termination in violation of public policy, we hold that plaintiff has also stated a cause of action for intentional infliction of emotional distress.

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