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Case: Individual Employment Rights/Wrongful Discharge (9th Cir.)

May 22, 2020, 5:48 PM

The Ninth Circuit ruled that a federal district court in California erred when it dismissed a female Sonic employee’s claim for wrongful termination in violation of public policy premised on a retaliation theory on the basis that the claim was duplicative of her Fair Employment and Housing Act retaliation claim. The FEHA retaliation claim required a showing that she was terminated in retaliation for both her participation in the employer’s investigation and her allegations of sexual assault, whereas the wrongful discharge claim would only require a showing that she was discharged in retaliation for her complaints of sexual harassment, the...

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