Massey

Massey v. Thrifty Payless CA4/3

Good Law
Court of Appeal of CaliforniaJune 27, 2014G047734California4,793 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

Plaintiff Amy Massey appeals from the judgment entered after the trial court granted the motion for summary judgment or, in the alternative, summary adjudication, filed by Massey’s former employer, defendant Thrifty Payless, Inc., doing business as Rite Aid Corporation (Rite Aid). Massey’s employment with Rite Aid was terminated following her involvement in a verbal and physical altercation with a customer who challenged Massey’s request to see identification in a transaction involving the purchase of alcohol. Massey filed a complaint containing claims for (1) wrongful employment termination in violation of public policy; (2) violation of Labor Code section 232.5; (3) violation of Labor Code former section 432.7; and (4) violation of Labor Code former section 98.6 and section 96, subdivision (k). (All further statutory references are to the Labor Code unless otherwise specified.) Massey contends the trial court erred by granting summary judgment because a triable issue of material fact existed whether Rite Aid’s decision to terminate Massey’s employment was based, at least in part, on her disclosure of working conditions within the meaning of section 232.5,…

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