Payton

Oris Payton appeals from a judgment of dismissal rendered after a demurrer to his amended complaint was sustained without leave to amend. We reverse.

Facts

Appellant sought damages against respondents, City of Santa Clara, arising out of the city’s alleged misconduct in posting in a public employee workroom notice of his termination and the reasons therefor. In particular, the amended complaint alleged that the specific reasons for the termination of appellant’s employment—allegations of “unauthorized absence, failure to observe departmental rules, and dishonesty”— were contained in an interoffice memorandum addressed to him alone which he received on June 30, 1978. Sometime thereafter appellant learned that the memorandum had been posted, without his knowledge or consent, by or at the direction of an employee of respondents, acting within the scope of his employment. The memorandum was posted on an open bulletin board in respondents’ lab office located at respondents’ corporation yard. This yard, which serves both as a “break area” and a “work area” for employees of respondents, is frequented daily by approximately 40 to 50 employees “who engage in various activities…