Semore

*1092 Opinion

In this case, we find that the right of privacy in the California Constitution protects Californians from actions of private employers as well as government agencies.

Accordingly, when a private employee is terminated for refusing to take a random drug test, he may invoke the public policy exception to the at-will termination doctrine to assert a violation of his constitutional right of privacy.

We therefore find that the trial court erred in granting a demurrer without leave to amend to causes of action for wrongful termination in violation of public policy and for breach of an implied-in-fact promise to discharge for good cause only.

THE COMPLAINT

The first amended complaint alleges that plaintiff James Semore was employed by defendant Kerr-McGee Chemical Corporation on May 26, 1977, at its chemical plant in Trona, California. 2 He was terminated on September 13, 1986, because he refused to consent to a pupillary reaction eye test. The purpose of the test was to determine if plaintiff was under the influence of drugs. All employees were given the test and, upon plaintiff’s refusal to take the test, he was terminated for insubordination.

Ten causes of action…

I concur in that portion of the majority opinion which affirms the sustaining of the demurrer as to the third, fourth, and sixth through tenth causes of action. I respectfully dissent from that portion of the majority opinion which reverses the sustaining of the demurrer as to the first, second, and fifth causes of action.

*1106 The majority opinion announces at the outset that “the right of privacy in the California Constitution protects Californians from actions of private employers as well as government agencies.” From this pronouncement, the majority extrapolates the further proposition that “when a private employee is terminated for refusing to take a random drug test, he may invoke the public policy exception to the at-will termination doctrine to assert a violation of his constitutional right of privacy.” There is no logical connection between these two propositions, and precedent militates against the latter.

Before turning to a refutation of the latter proposition above noted, it is worthy of observation that the majority has invoked Wilkinson v. Times Mirror Corp. (1989) 215 Cal.App.3d 1034 [ 264 Cal.Rptr. 194 ], in aid of the processes by which it reaches its…

HOLLENHORST, Acting P.J.

In this case, we find that the right of privacy in the California Constitution protects Californians from actions of private employers as well as government agencies.

Accordingly, when a private employee is terminated for refusing to take a random drug test, he may invoke the public policy exception to the at-will termination doctrine to assert a violation of his constitutional right of privacy.

We therefore find that the trial court erred in granting a demurrer without leave to amend to causes of action for wrongful termination in violation of public policy and for breach of an implied-in-fact promise to discharge for good cause only.

The first amended complaint alleges that plaintiff James Semore was employed by defendant Kerr-McGee Chemical Corporation on May 26, 1977, at its chemical plant in Trona, California. [2] He was terminated on September 13, 1986, because he refused to consent to a pupillary reaction eye test. The purpose of the test was to determine if plaintiff was under the influence of drugs. All employees were given the test and, upon plaintiff's refusal to take the test, he was terminated for insubordination.

Ten causes of…