Richard Yocum v. Rockwell Medical Technologies
Opinion
Opinion
MEMORANDUM
Richard Yocum appeals the summary judgment entered in favor of Rockwell Medical Technologies on his claim under California law for wrongful termination in violation of public policy. We have jurisdiction under 28 U.S.C. § 1291 , we review de novo, and we affirm.
1. Under California law, wrongful termination of employment in violation of public policy may be based on a claim that the employer retaliated against the employee for engaging in conduct protected by a public policy embodied in a legislative source. The California Supreme Court has observed that retaliatory termination cases generally fall into four categories, only the fourth of which is relevant here: reporting an alleged violation of a law of public importance. See Gantt v. Sentry Ins., 1 Cal.4th 1083 , 4 Cal.Rptr.2d 874 , 824 P.2d 680, 684 (1992), overruled on other grounds by Green v. Ralee Eng’g Co., 19 Cal.4th 66 , 78 Cal.Rptr.2d 16 , 960 P.2d 1046 (1998). To satisfy this requirement, an employee must either “prove an actual violation of law” or show that “the employer fired him for reporting his ‘reasonably based suspicions’ of illegal activity.” Green, 78 Cal.Rptr.2d 16 , 960 P.2d at 1059 .