Limits on wrongful discharge damages

Article Abstract:

The California Supreme Court recently ruled on wrongful discharge recovery and on the right of employees to bring tort actions against their employers who violate certain public policies. In the 'Gantt v. Sentry Insurance' case, the Court found Sentry in violation of fundamental policy when it terminated Gantt for refusing to lie to investigators from a state agency and upheld the employee's public policy claim. The Court rejected Sentry's argument that Gantt's claim was superseded by workers' compensation exclusivity. In the 'Livitsanos v. Supreme Court' case, the Court concluded that workers' compensation pre-empted Livitsanos' claims for intentional infliction of emotional distress against his former employer. The Court, however, did not dimiss these claims but remanded the case instead.

California

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Wrongful discharge: recent court decisions

Article Abstract:

The California Supreme Court is limiting the range of wrongful discharges employees can claim against employers, but such claims can still result in litigation. In 1988, the Court held in the case of Foley vs. Interactive Data Corp that punitive damages in wrongful discharge cases are not recoverable. In Giorgi vs. Verdugo Hills Hospital, the Court decided employees' workplace conduct claims are preempted by workers' compensation. Employers can minimize wrongful discharge claims by: training supervisors with regard to personnel matters; applying consistent and thoroughly personnel policies; and reviewing written employee communications to ensure that policies cannot be misconstrued.

Human resource management

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