What is the test for a wrongful discharge claim?

California, United States of America


The following excerpt is from Sistare-Meyer v. Young Men's Christian Assn., 58 Cal.App.4th 10, 67 Cal.Rptr.2d 840 (Cal. App. 1997):

Crucial to a Tameny claim is the existence of a pertinent public policy. "[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, 66 Cal.Rptr.2d 888, 941 P.2d 1157.)

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