Taylor

Taylor v. Lockheed Martin Corp.

Good Law
2000 Cal. App. LEXIS 116·2000 Daily Journal DAR 1961·78 Cal. App. 4th 472·92 Cal. Rptr. 2d 873·82 Fair Empl. Prac. Cas. (BNA) 1485
Court of Appeal of CaliforniaFebruary 23, 2000B122436California4,896 words

Opinion

Opinion

Coffee, J.

An employee of a civilian contractor operating on a federal military enclave brought a lawsuit for wrongful termination. We conclude that all but one of his state law claims are barred by article I, section 8, clause 17 of the United States Constitution.

Facts and Procedural Background

Respondent Lockheed Martin Corporation (Lockheed) is a civilian contractor that provides launch operations services at Vandenberg Air Force Base (Vandenberg). Appellant Walter Taylor (Taylor), who is an African-American, was employed by Lockheed as a rocket engine mechanic for almost 15 years. In 1996, he filed a complaint with the Division of Occupational Safety and Health of the State Department of Industrial Relations (Cal/OSHA). Taylor became ill after using the chemical trichloroethane and alleged that rubber gloves provided to him by Lockheed were inadequate to prevent that chemical from penetrating the skin. Cal/OSHA issued two citations against Lockheed after an investigation.

Taylor was placed on an unpaid leave of absence in September of 1996. He was then constructively terminated when Lockheed placed him on an unpaid suspension without a definite return date. He claims this…

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