Blom

Blom v. N.G.K. Spark Plugs (U.S.A.), Inc.

Good Law
1992 Cal. App. LEXIS 124·3 Cal. App. 4th 382·4 Cal. Rptr. 2d 139·92 Daily Journal DAR 1786·58 Fair Empl. Prac. Cas. (BNA) 166
Court of Appeal of CaliforniaFebruary 4, 1992B057093California2,737 words

Opinion

Opinion

Fukuto, J.

Plaintiff Wouter Blom appeals from summary judgment in favor of defendants, N.G.K. Spark Plugs (U.S.A.), Inc. (hereafter N.G.K.), and its parent corporation (collectively defendants), in an action for wrongfiil discharge from employment. The judgment followed summary adjudication that plaintiff’s wrongful discharge causes of action were preempted by the Fair Employment and Housing Act (Gov. Code, § 12900 et seq; hereafter FEHA). The Supreme Court has since rejected that construction of the FEHA. Defendants now seek to sustain the judgment on the ground that, apart from the FEHA’s provisions (Gov. Code, § 12940, subd. (f)), there exists no cause of action for discharge in retaliation for an employee’s seeking to correct employment discrimination. We conclude, however, that such a common law cause of action does arise, under well recognized public policy and case law. The judgment therefore will be reversed.

Facts

Plaintiff’s complaint alleged three causes of action: wrongful discharge in violation of public policy, breach of express and implied employment contract, and defamation. The validity of the defamation claim is not here at issue. Plaintiff’s tortious wrongful…

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