Carter

James T. Carter sued his employer, the Escondido Union High School District (EUHSD), claiming that EUHSD wrongfully terminated his employment in violation of public policy. At trial, Carter supported his allegations by presenting evidence that EUHSD declined to “reelect” him to his probationary teaching position because, while employed as a teacher at another school district, Carter informed the athletic director there that the football coach had recommended a nutritional supplement to a student.

After the jury found that Carter’s report to the athletic director had been “a motivating reason” for EUHSD’s adverse job action and that Carter was entitled to damages of over $1 million, the trial court entered judgment against EUHSD.

As discussed in more detail below, we are required by controlling precedent to reverse. For an employer to be liable for the tort of wrongful termination in violation of public policy, the employer’s conduct must violate a public policy that is “ ‘fundamental,’ ” “ ‘well established’ ” and “carefully tethered” to a constitutional or statutory provision. (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090, 1095 [ 4 Cal.Rptr.2d 874 , 824 P.2d…