Deschene

Plaintiff, Al Deschene, appeals from a judgment entered in favor of defendant, Pinole Point Steel Company (hereafter PPS), his former employer, after PPS prevailed on its motion for summary judgment. Deschene appeals from the judgment contending that the trial court erred in granting summary judgment to PPS and in denying his motion for new trial.

Background

Deschene filed a complaint on June 27, 1996, seeking damages for wrongful termination on theories of breach of contract and of the covenant of good faith and fair dealing as well as termination violative of public policy and of statutory prohibitions against discrimination on the basis of medical condition and as retaliation for giving testimony in a deposition. Deschene alleged that he began his employment with PPS on March 18, 1980. On March 24, 1995, he gave deposition testimony in a lawsuit brought by a former employee of PPS, Jerald Gatton, for injuries Gatton contended were a result of asbestos exposure. (Gatton v. Raybestos-Manhattan, Inc., (Oct. 20, 1997) A073577 [nonpub. opn.].)

It was undisputed that Deschene was fired by PPS in late June 1995. In the course of that year he received three reprimands. On…