Summary Judgment Reversed In Wrongful Termination Action.

More than a year after plaintiff’s employment was terminated, he brought an action against his employer for common law wrongful termination against public policy, contending he was treated unfairly and discriminated against because he suffered a work-related injury and was disabled. Defendant employer brought a motion for summary judgment, arguing plaintiff’s action is barred by the exclusivity doctrine under Workers’ Compensation statutes and the one-year statute of limitations under the Fair Employment and Housing Act [Government Code section 12900 et seq.; FEHA]. The trial court granted defendant’s motion. The Court of Appeal reversed, stating: “[W]e conclude [plaintiff’s complaint] sufficiently alleged essential facts to inform [defendant] that he was alleging a common law cause of action for wrongful termination in violation of FEHA’s  public policy against disability discrimination. . . . Contrary to [defendant’s] assertion and the trial court’s conclusion, [plaintiff’s] common law tort cause of action for wrongful termination in violation of public policy is not barred by FEHA’s one-year statute of limitations. Instead, Code of Civil Procedure section 335.1 applies, providing a two-year statute of limitations for tort actions based on injuries to plaintiffs caused by the wrongful act, or neglect of others.” (Prue v. Brady Co./San Diego, Inc. (Cal. App. Fourth Dist., Div. 1; November 17, 2015) (Ord. Pub.; December 11, 2015) 242 Cal.App.4th 1367 [196 Cal.Rptr.3d 68].)