Hall

Appellant Genevieve Hall sued respondent Great Western Bank for wrongful termination of her employment. Her complaint alleged that she was fired because she refused to comply with respondent’s instruction to withdraw her application for partial unemployment benefits which she had filed with the Employment Development Department. She alleged that this was the sole reason for her termination, and that the termination violated “public policy, i.e., the rights to lawfully apply for unemployment insurance benefits . . . .” This appeal is taken from an order of the trial court sustaining, without leave to amend, respondent’s demurrer to the complaint.

Respondent, a federal savings association chartered under section 5 of the Home Owners’ Loan Act (HOLA or the Act) and subject to regulations promulgated by the Office of Thrift Supervision (OTS or Office) based its demurrer, in part, on the assertion that appellant’s action for wrongful termination is preempted by one such regulation, 12 Code of Federal Regulations section 563.39. That section provides in relevant part: “(a) General. A savings association may enter into an employment contract with its officers and other…