Phillips

Opinion .

In this suit for wrongful termination and wrongful infliction of emotional distress, plaintiff Eugene O. Phillips (plaintiff) appeals from a judgment of dismissal entered in favor of the defendants Gemini Moving Specialists (Gemini) and Mark Luni (Luni) after the trial court sustained, without leave to amend, their general demurrers to all causes of action in plaintiff’s complaint. A judgment of dismissal was thereafter filed.

Because we conclude that plaintiff has alleged valid causes of action against his employer for wrongful discharge, and related emotional distress claims, arising from the termination of plaintiff’s employment in violation of fundamental public policy, we hold that the trial court erred in dismissing his complaint as to the defendant Gemini. However, no cause of action for wrongful termination can be stated against the individual defendant Luni and therefore, as to that defendant, the dismissal was proper. Therefore, as to the defendant Gemini, we will reverse the judgment; as to the defendant Luni, we will affirm.

Background of the Case

1. The Charging Allegations in the Complaint

According to the complaint, defendant Gemini is engaged in the…