Sampson

The Division of Labor Law Enforcement of the California Department of Industrial Relations (hereafter the Division) instituted an action against Gerald Sampson seeking reinstatement and back wages for Michael J. Lindell a former employee of Sampson. The trial court granted a summary judgment in favor of Sampson. The Division appeals.

The Division’s complaint was grounded on Labor Code section 6310 and alleged that Lindell had been terminated from his employment by Sampson for the reason that he, Lindell, had filed a complaint with the Division alleging that Sampson was guilty of maintaining unsafe working conditions.

Labor Code section 6310 is a part of the California Occupational Safety and Health Act of 1973 (the Act). It provides in pertinent part:

The ruling on the motion for summary judgment was based upon the pleadings, the deposition of Lindell and declarations by Sampson and Lindell. These documents established conclusively that Lindell was discharged prior to his filing of the complaint with the Division.

Lindell, a tool maker, was employed in March 1975 by Sampson who was doing business as Allen United. Sampson, who became dissatisfied with Lindell’s work…