Gelini

An employee has an attorney write her employer regarding terms and conditions of her employment. The letter seeks to resolve the employer-employee dispute, but suggests possible bases for litigation. The employee is fired because of the letter. Has the employer violated the public policy set forth in Labor Code section 923, exposing himself to liability for wrongful discharge?

According to Labor Code section 923, “the public policy of this State” requires “that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” The issue in this case is whether this provision protects an individual employee who chose an attorney to represent her in negotiations with her employer over matters affecting only herself.

If the issue presented were one of first impression,…