Wrongful Termination Claim Against Hospital Dismissed.

Plaintiff sued a hospital for wrongful termination in violation of public policy because it allegedly violated Labor Code §132a, which generally prohibits discharging an employee for filing a workers’ compensation claim, and for defamation because the hospital told others why she was fired. The trial court dismissed her claims pursuant to different motions brought by the hospital. The Court of Appeal affirmed, stating: “Whether malice exists to preclude the privilege [under Civil Code §47(c)] may be decided by a trial court upon undisputed facts on a motion for summary judgment; ” and “We conclude a violation of section 132a cannot be the basis of a tort action for wrongful termination.”  Dutra v. Mercy Medical Center Mt. Shasta  (Cal. App. Third Dist.;  September 26, 2012) 209 Cal.App.4th 750.