Friday
Friday v. Hughes Aircraft Co.
Opinion
Opinion
Wallin, J.
Thomas G. Friday filed a complaint in the superior court against his former employer, Hughes Aircraft Company, alleging causes of action for “bad faith/wrongful termination of employment” and intentional infliction of emotional distress. The court granted Hughes’ motion for summary judgment on two alternative grounds: (1) Friday’s state law complaint was preempted by section 301 of the Labor Management Relations Act (LMRA) ( 29 U.S.C.A. § 141 (a)), and (2) the prior determination by the California Unemployment Insurance Appeals Board that Friday had been terminated for cause collaterally estopped him from relitigating that issue. Friday’s motion for reconsideration was apparently granted, but after reconsideration the court affirmed its prior ruling. Friday appeals the judgment entered against him, contending his action falls within several exceptions to the preemption doctrine and is not barred by collateral estoppel. We find both causes of action are preempted by the federal statute and affirm; thus, we do not reach the collateral estoppel issue.
I
The declarations submitted by the parties establish the following facts: Friday was an employee of Hughes for…