Mullins

Mullins v. Rockwell International Corp.

Good Law
15 Cal. 4th 731·1997 Cal. LEXIS 2547·63 Cal. Rptr. 2d 636·97 Daily Journal DAR 6767·936 P.2d 1246
Supreme Court of CaliforniaMay 29, 1997No. S053132California4,579 words

Opinion

lead Opinion

George, J.

In this case we consider whether the statute of limitations in a breach of contract action based upon an alleged constructive termination of employment begins to run when the alleged intolerable working conditions occur, or instead when employment actually is terminated. The Court of Appeal concluded that the employee’s knowledge of intolerable working conditions should be the circumstance that begins the running of the statute of limitations in a case of alleged constructive discharge. We disagree. As in our recent decision in Romano v. Rockwell Internat., Inc. (1996) 14 Cal.4th 479 [ 59 Cal.Rptr.2d 20 , 926 P.2d 1114 ] (Romano), in which we rejected *734 notice of termination as the event triggering the statute of limitations in a contract action alleging wrongful termination of employment, we conclude that the statute of limitations runs from the date of actual termination of employment in any contract action for wrongful termination, whether or not constructive discharge is alleged.

I

Plaintiff Cornelius Mullins was employed by defendant Rockwell International Corporation (Rockwell) for 22 years in various managerial positions. Throughout this time, Mullins received…

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