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Employee Fired Because School Mistakenly Thought She Reported School To Licensing Agency.

February 20, 2015 by Leave a Comment

Employee A preschool mistakenly believed one of its employees contacted the state licensing agency regarding conditions at the preschool and the employee was terminated. The employee sued the preschool, and the trial court granted the preschool’s motion for summary judgment because the lawsuit alleged the employee’s termination was contrary to public policy, and that as a matter of law the termination did not violate public policy because the employee had not, in fact, made a complaint. In reversing the grant of summary judgment, the appellate court stated public policy precluded the preschool from discharging the employee on its mistaken belief that she had reported it to the licensing authority because “otherwise the policy to encourage the reporting of alleged violations would be frustrated.” (Diego v. Pilgrim United Church of Christ (Cal. App. Fourth Dist., Div. 3; November 21, 2014) 231 Cal.App.4th 913 [180 Cal.Rptr.3d 359].)

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