Constructive Discharge In Violation Of Public Policy Claim To Go Forward.

Plaintiff brought an action against his employer for constructive discharge in violation of public policy and intentional infliction of emotional distress [IIED], after his employer, who allegedly required extensive use of plaintiff’s vehicle, refused to reimburse him for mileage. On appeal, plaintiff contended the trial court abused its discretion in sustaining defendant’s demurrer without leave to amend. In reversing on the constructive discharge cause of action, the appellate court discussed several public policy issues, such as the requirement to pay overtime and minimum wages. However, the reviewing court agreed with the trial court that failure to reimburse plaintiff for mileage was not sufficient to support a claim for IIED.  Accordingly, the appellate court reversed the sustaining of the demurrer to the cause of action for constructive discharge and affirmed with regard to the cause of action for IIED. (Vasquez v. Franklin Management Real Estate Fund, Inc. (Cal. App. Second Dist., Div. 4; December 31, 2013) 222 Cal.App.4th 819, [166 Cal.Rptr.3d 242].