What is the test for a plaintiff to bring a wrongful termination claim?

California, United States of America


The following excerpt is from LaGoe v. Duber Indus. Sec., Inc., 194 Cal.App.3d 349, 239 Cal.Rptr. 445 (Cal. App. 1987):

We observe at the outset the difficulty with this kind of case is that under existing law a well pled complaint alleging wrongful termination generally entitles the plaintiff to go to a jury, usually on the basis of whether the stated reason for the firing was a pretext for an unlawful employment termination. (See Khanna v. Microdata Corp. (1985) 170 Cal.App.3d 250, 215 Cal.Rptr. 860.) This has led to the widespread belief that one can get to a jury on virtually every termination. The courts have been at odds on how to place reasonable restraints on this burgeoning area of the law but have as yet found no straightforward method. The test that we set forth today in our decision is: 1) whether there is a legitimate business interest for the employee's termination; and 2) whether there was good faith reliance thereon.

Other Questions


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)
What is the test for a plaintiff to bring a claim for wrongful termination because of a mental disability? (California, United States of America)
Can a plaintiff bring a claim for wrongful termination in violation of public policy? (California, United States of America)
Can an employer appeal against a motion to strike an employee's claim for wrongful termination because that claim arose from the employer's decision to terminate? (California, United States of America)
Can a plaintiff bring a claim for damages under Section 1983 of the Criminal Code for wrongful imprisonment and/or wrongful imprisonment in a civil case? (California, United States of America)
When an employee alleges that his or her employment has been terminated in violation of public policy, can they bring a claim against the employer for wrongful dismissal? (California, United States of America)
Does a mistake by a lawyer in filing for a claim against the wrong governmental entity proximately caused the claim to be filed with the wrong government entity? (California, United States of America)
Does collateral estoppel prevent a plaintiff from bringing a wrongful death claim against his deceased father? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What are the elements of actionable negligence required for a plaintiff to bring a claim for wrongful death? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.