What is the test for a plaintiff to bring a claim for wrongful termination because of a mental disability?

California, United States of America


The following excerpt is from Pensinger v. Bowsmith, Inc., 60 Cal.App.4th 709, 70 Cal.Rptr.2d 531 (Cal. App. 1998):

"A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action." ( 437c, subd. (o)(2), italics added; see Brantley v. Pisaro, supra, 42 Cal.App.4th at p. 1598, 50 Cal.Rptr.2d 431.)

With this standard firmly in mind, we consider the elements of plaintiff's cause of action

Page 537

B. Termination because of "mental disability"

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