Franklin

Franklin v. the Monadnock Co.

Good Law
151 Cal. App. 4th 252·2007 Cal. App. LEXIS 840·59 Cal. Rptr. 3d 692·26 I.E.R. Cas. (BNA) 289·2007 Cal. Daily Op. Serv. 5907
Court of Appeal of CaliforniaMay 24, 2007B191267California5,416 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Plaintiff and appellant Calvin Franklin (plaintiff) filed a first amended complaint against defendants and respondents The Monadnock Company and Hi-Shear Corporation (defendants), as well as others, alleging a single cause of action for wrongful termination of employment in violation of public policy. Plaintiff alleged that a coworker in the workplace had threatened to have plaintiff and three other employees killed, that defendants did nothing in response to his complaint to them about the threats, that the coworker thereafter assaulted him with a screwdriver, that plaintiff reported the assault to the police, and that plaintiff was terminated from his employment as a result of his complaints to defendants and the police. The trial court sustained defendants’ demurrer to the first amended complaint without leave to amend and entered a dismissal order.

On appeal from the dismissal order, we hold that plaintiff’s allegations are sufficient to state a claim for wrongful termination based on the public policies that require employers to provide a safe and secure workplace and encourage employees to report credible threats of violence in the workplace. We…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.