Daly

Here we promote the laudatory legislative goal of providing a safe workplace for employees. An employee who makes a bona fide complaint about working conditions or work practices should suffer no adverse employment consequences.

Paula J. Daly appeals from a judgment of dismissal entered after the trial court sustained a demurrer without leave to amend to her fourth amended complaint for wrongful termination. The trial court ruled that Daly did not state a cause of action arising out of her employer’s decision not to renew a one-year employment contract. We reverse and hold that Labor Code section 6310, subdivision (b), provides a statutory remedy where an employer unlawfully discriminates by not renewing an employment contract because the employee has made a bona fide complaint about unsafe work conditions.

Facts and Proceedings

In 1989 Daly was hired by Exxon Company, U.S.A. Corporation, a division of Exxon Corporation (Exxon), to provide emergency medical services at the Las Flores Canyon Oil Treatment Facility. The written employment contract, entitled “Consulting Agreement,” was for a one-year term and provided that Exxon could renew the contract at its option. In…