Flait
Flait v. North American Watch Corp.
Opinion
Opinion
Boren, J.
Stuart Flait claims his former employer wrongfully terminated his employment in violation of the California Fair Employment and Housing Act (CFEHA). (Gov. Code, § 12900 et seq.) There are triable issues concerning whether Flait was terminated in retaliation for putting a stop to his supervisor’s sexual harassment of a coworker. Accordingly, we reverse the trial court’s summary adjudication, its entry of a final judgment, and its award of attorney fees and costs to the employer.
Facts
Appellant Flait went to work as a sales representative for respondent North American Watch Corporation (NAWC) on February 1, 1984. Plait’s employment agreement states that “it is not a contract of employment for a definite period.”
Flait increased NAWC’s sales within his territory. In 1987, for example, his sales increased by 58 percent over the previous year. NAWC does not deny that Flait increased its sales volume. Nevertheless, it became dissatisfied with Plait’s performance, purportedly because he exhibited greater allegiance to his customers than to his employer, did not require customers to carry all segments of NAWC’s line, and did not adequately service some stores. NAWC’s…