Melman

I. INTRODUCTION

Appellant Philip Steven Melman was employed by respondent PDF Solutions, Inc. (PDF) from 1998 until 2009, when he was terminated during a reduction in force from his position as vice president of investor relations and strategic initiatives. Melman filed a wrongful termination action against PDF and its chief executive officer (CEO), respondent John Kibarian (hereafter, sometimes collectively PDF), alleging that PDF‟s decision to terminate him was based upon his physical disability. His complaint included two causes of action for disability discrimination in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12940 et seq.),1 as well as causes of action for “failure to prevent discrimination,” fraud, breach of contract, breach of the implied

1 All further statutory references are to the Government Code unless otherwise indicated. covenant of good faith and fair dealing, and wrongful discharge in violation of public policy. PDF moved for summary judgment on the ground that the undisputed facts showed that Melman‟s employment agreement provided that his employment was at-will and he was terminated for a nondiscriminatory reason: his position was…