Kovatch

Daniel Kovatch appeals from a summary judgment in favor of defendants California Casualty Management Company, Inc. (CCMC), Paul Rapp and Dean Aldinger on Kovatch’s complaint for wrongful termination. Kovatch alleged he was constructively discharged from his employment with CCMC because of harassment based on his sexual orientation, in violation of public policy and in breach of an implied contract requiring good cause for termination. The trial court concluded Kovatch’s employment was at will and that Kovatch was validly terminated because he failed to return to work after exhausting his disability leave. We agree with the trial court that Kovatch was employed at will and accordingly affirm the judgment as to Kovatch’s cause of action for breach of contract. However, we also conclude that triable issues of fact exist as to whether a reasonable employee in Kovatch’s position would have found the conditions of employment at CCMC intolerable because of sexual orientation harassment. Accordingly, we reverse the judgment as to Kovatch’s tort causes of action for wrongful termination in violation of public policy and intentional infliction of emotional distress.

Factual and…